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(영문) 전주지방법원 군산지원 2018.01.26 2017가합12068

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On June 17, 2015, the Plaintiff entered into a loan agreement with the Defendant, a credit service provider, and KRW 7.5 billion (hereinafter “instant loan”).

(2) The loan agreement under which the loan agreement is made to borrow at a fixed rate of 34.9% per annum (2.3% per annum) on December 31, 2015, interest rate of 27.6% per annum (2.9% per annum) (hereinafter “instant loan agreement”).

(2) On June 18, 2015, in order to secure the repayment of KRW 6.5 billion out of the instant loan, the Plaintiff concluded a registration of the establishment of a mortgage (hereinafter “the instant mortgage”) with respect to the Defendant’s share of KRW 1/5 of the building and KRW 661 square meters on the land, E large 61 square meters, Jongno-gu Seoul Metropolitan Government Jongno-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Friju Gas station site, KRW 541 square meters, and 1/4 shares among the buildings on the ground Griju station building (hereinafter “relevant real estate”), with a maximum debt amount of KRW 9.75 billion, the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “the instant mortgage”). On June 29, 2015, with respect to each of the instant apartment lots with respect to KRW 78,000,000,0000,000,0000,000 won (hereinafter “the instant apartment lots”) and each of the instant apartment lots (hereinafter “the instant auction”).

3) On June 23, 2015, the Defendant directly remitted the Plaintiff’s bank account KRW 251,00,000,000, and KRW 27,366,3026 on July 9, 2015, and KRW 278,36,302 on a total. From June 23, 2015 to June 24, 2015, the Defendant paid KRW 7,221,63,698 on a total of the existing loans and delinquent taxes owed by the Plaintiff on behalf of the Plaintiff, and loaned the Plaintiff the entire amount of the instant loan to the Plaintiff on June 23, 2015 (hereinafter “payment”). Of which, 17,500,000 won, the Plaintiff paid KRW 250,872,420 to the Defendant under the name of the instant loan and paid KRW 172,500,000 on a monthly basis (hereinafter “payment”).