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(영문) 수원지방법원성남지원 2017.09.29 2016가합205676

배당이의

Text

1. It was prepared on September 8, 2016 by the same court with respect to the case of voluntary auction of real estate E in Sung-nam branch of Suwon District Court.

Reasons

1. Basic facts

A. (1) On February 1, 2011, Defendant C loaned KRW 100,00,000 to Plaintiff B at the maturity of April 30, 201, and at the interest rate of 30% per annum. (2) On January 31, 2011, Defendant C, as joint collateral, was created with regard to the F&C land and G land and the F&B building owned by Plaintiff B (hereinafter collectively referred to as “each of the instant real property”), as the joint collateral, with the amount of the mortgagee C, the maximum debt amount of KRW 200,000,000, and the amount of the collateral security (hereinafter collectively referred to as “instant collateral security”).

B. Around August 11, 2011, Defendant D agreed to lend KRW 250,000,000 to Plaintiff B as of August 10, 201, interest rate of KRW 24% per annum (payment on August 10, 201), and damages for delay rate of KRW 42% per annum (hereinafter “instant loan agreement”).

(2) Of the above loans, KRW 30,000,00 was paid to each Plaintiff on August 10, 201, and KRW 220,000,000,00 to each Plaintiff on August 22, 2011. (2) On August 17, 2011, for the purpose of securing the above loan claims, Defendant D, the maximum debt amount, KRW 375,00,000,00, and KRW 220,000,00 was set up as joint collateral (hereinafter “instant second collateral collateral”).

(B) On March 21, 2012, Plaintiff B and Defendant D agreed on March 21, 2012, with respect to the instant collateral security (hereinafter “instant collateral security”), the rate of interest rate of 24% per annum from the content of the instant loan agreement, to 30% per annum. (4) On September 25, 2014, each of the instant real estate as joint collateral, was set up a collateral security (hereinafter “instant collateral security”) with the Defendant D, the maximum debt amount of 206,70,000 won, and the Defendant B as the Plaintiff (hereinafter “instant third collateral security”).

(c) the progress of auction, etc. 1.