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(영문) 서울중앙지방법원 2014.05.15 2013가합43951

배당이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 18, 2008, the Defendant entered into a credit transaction agreement with the Plaintiff, with the Plaintiff, which provides the Plaintiff with the maximum debt amount of KRW 168,00,000 for the second floor D Nos. 201 (hereinafter “real estate No. 201”) owned by the Plaintiff, and with respect to the above subparagraph 201 for all credit transactions that the said Plaintiff is currently and future against the Defendant, as well as the so-called comprehensive collateral transaction agreement, which provides the Defendant with the above subparagraph 201 as a security for the obligation under the bill or check, with the amount of KRW 120,000,000 for each credit transaction agreement with the Plaintiff as well as KRW 120,00,000 for the above subparagraph 19, pursuant to the above credit transaction agreement, and completed the registration of establishment of a mortgage with respect to the Plaintiff No. 201 for the reason of the above contract.

B. In addition, on June 27, 2008, the Defendant entered into a mortgage agreement with the Plaintiff on credit transaction with the Plaintiff at KRW 120,00,000,00 for the Plaintiff’s first floor D (hereinafter “the Plaintiff’s real estate”). The real estate No. 101 and the instant real estate No. 201 together with the real estate No. 101, the maximum debt amount shall be KRW 168,00,000 with respect to each of the instant real estate). The Defendant also entered into a mortgage agreement with the Plaintiff on June 30, 208, which provides the said Plaintiff as a collateral for all of the credit transactions at present and in the future, for the Defendant’s loan transaction at KRW 120,00,000,000 for the said Plaintiff under the above credit transaction agreement, and received the maximum debt amount for the said Plaintiff’s loan contract at KRW 120,000,000,000 for the above subparagraph 101.

The loan interest rate (%) interest rate (%) of the debtor's loan item on the date of the credit transaction agreement shall be the overdue interest rate (%).