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(영문) 대전지방법원천안지원 2017.12.08 2017가합100195

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 11, 2012, the Plaintiff filed a payment order with B seeking the payment of the loan amounting to KRW 201,190,000 and the delayed payment damages therefrom, and received a payment order in the same manner as the contents of the application from this court (this Court 2012 tea1817, hereinafter referred to as the “instant payment order”), and the said payment order was finalized around that time.

B. On May 15, 2013, the Defendant obtained a loan of KRW 525 million from the Yong-gu Saemaul Savings Depository (hereinafter the “instant loan agreement”). As to the Defendant’s loan and loan obligations under the said loan agreement, the Defendant was the “instant loan agreement,” and on the same day, the Defendant and the mortgagee completed the registration of the establishment of a mortgage (hereinafter the “registration of the establishment of a mortgage”) with the amount of KRW 682,500,000, the maximum debt amount as KRW 682,500,000, in order to secure the Defendant’s loan obligations.

C. (1) The Plaintiff applied for a compulsory auction on the instant land, etc. owned B based on the original copy of the instant payment order, and accordingly, on May 13, 2016, the procedure for compulsory auction on the instant land, etc. (hereinafter “instant auction procedure”) commenced on May 13, 2016.

(2) In the instant auction procedure, on December 2, 2016, the Defendant received dividends of KRW 527,576,038 based on the instant right to collateral security.

In order to secure the Defendant’s obligation of the instant loan to the Youngdong Community Fund, the Plaintiff became a surety by establishing and granting the instant collateral security to the instant land. In order to pay the Defendant the Defendant’s obligation of the instant loan, the Defendant paid KRW 527,576,038 among the Defendant’s debt of the instant loan by receiving dividends of KRW 527,576,038 from the Defendant’s auction procedure, and thereby, B is the Defendant.