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(영문) 대전지방법원천안지원 2017.08.22 2017가단100457

배당이의

Text

1. Of the distribution schedule prepared by the same court on January 5, 2017 in the Daejeon District Court in the case of the voluntary auction of real estate C, the said court.

Reasons

1. Basic facts

A. On September 17, 2010, the Plaintiff entered into a loan transaction agreement (hereinafter “instant loan agreement”) with the Dong-dong Saemaeul Community Fund, setting the loan amount of KRW 1,100,000,000, and the interest rate of KRW 20% per annum on September 17, 2013 on the expiration date of the loan period (hereinafter “instant loan agreement”). From January 29, 2016 of the instant loan transaction agreement, the applicable rate is 3.8% per annum, and the expiration date of the loan agreement of this case was extended on September 17, 2016, and the interest-related provisions of the main contents are as follows.

Article 7 (Duty to Pay Obligations before Due Date) (1) If a debtor falls under any of the following cases with respect to the debtor, the debtor is obligated to pay him/her all of his/her obligations to the community credit cooperatives, as a matter of course, even though there is no demand notice from the community credit cooperatives:

2. When a seizure order or a notice of a disposition on default is sent with respect to the secured property (excluding installment savings referred to in subparagraph 1) provided by the debtor, or when compulsory execution or a disposition on default is commenced by any other means.

Provided, That a community credit cooperative shall notify in writing the debtor of the fact that the following obligation delay and compensation for delay may be imposed on all the balance of the loan at least seven business days prior to the date of loss of the benefit due, and if the debtor fails to notify at least seven business days prior to the date of loss of the benefit due, the debtor shall lose the benefit due after seven business days have elapsed from the date of actual notification and shall be obliged to repay the benefit:

1. Where the interest is paid for a period of one month (two months in the case of a house security loan);

2. Payment of principal and interest on installment payments or installment payments;