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(영문) 대구지방법원경주지원 2017.11.23 2016가합2567

배당이의

Text

1. On August 10, 2016, the Daegu District Court's Daegu District Court's racing support B, and C (Dual) real estate auction cases.

Reasons

1. Basic facts

A. On December 3, 2012, 201, the date and time loan amount of the loan to the lending bank of the guaranteed principal of the guaranteed principal on the date of issuance of the Plaintiff’s joint guarantee bond No. 1445, Dec. 2, 2010 (F 425,000,000,000 on December 28, 2015) Industrial Bank of Korea of December 3, 2010, Industrial Bank of Korea of December 4, 2015, G 425,000,000,000,000 on December 4, 2015, 2015, the Korea Development Bank of Korea of December 4, 2015 (H 297,50,000,0000,000 H297,50,0000,000,000,000) for industrial operation funds of Korea Development Bank (hereinafter “Korea Development Bank”)

2) The term “instant guarantee agreement” with the following terms and conditions as the guarantee agreement (hereinafter “instant guarantee agreement”).

(2) Around August 17, 2016, the Plaintiff filed an application for the payment order (i.e., the Daegu District Court 2017Da11324, Nov. 17, 2016) with D, seeking reimbursement amount of KRW 1,165,406,704 due to repayment of principal and interest of the loan, etc. (i.e., KRW 1,156,268,734 KRW 9,137,970), and damages for delay (i.e., KRW 1,156,268,734 KRW 9,137,970), and (ii) received payment order from the said court in accordance with the contents of the contract.

The above payment order was finalized on September 22, 2016 because D did not object to D.

B. Defendant’s loan claim 1) The Defendant: (a) lent money with D from October 25, 2010 to May 29, 2013 to repay KRW 300,000,000; (b) on the land of racing I, J, K, K, and Sejong-si with the maximum debt amount of KRW 390,00,000; (c) joint collateral settlement for the loan amount of KRW 290,700,000; (d) deducted the interest on KRW 00,000 from February 23, 2011 to KRW 0,000; and (d) deducted some of the interest on the loan of KRW 0,000,000 from October 25, 201 to KRW 10,000, KRW 000, KRW 300,000, KRW 10000, KRW 5,010; and (e) deducted the amount of interest on the loan of KRW 10,05,01010.