beta
(영문) 의정부지방법원 2015.09.25 2013나11943

배당이의

Text

1.The judgment of the first instance shall be modified as follows:

With respect to D's auction of real estate in the District Court of the European Government.

Reasons

1. Basic facts

A. In around 2006, the acceptance intervenor lent F the volume of KRW 5,000,000 to F, and around that time, a number of monetary transactions have been conducted between F and F. The form of the transaction was mainly in the form of F’s loan request, which, after removing interest from F’s loan request to F’s small and smaller son G and Dong H, remitted the remaining amount to F’s account, and then receiving interest of KRW 5% per month to the receiving intervenor or I’s account.

B. Of that, on July 2010, F requested the Intervenor to lend KRW 5,000,000 to the end of that year, and on July 29, 2010, the Intervenor removed the aforementioned amount of loan KRW 1,000,000 from the amount of loan requested, and remitted the remainder of KRW 4,000,000 to the Plaintiff’s account, which is a larger parent of F.

(3) On May 18, 201, F requested the Intervenor to lend KRW 20,00,000 (hereinafter “the first loan”). At the time, the Intervenor demanded F to offer personal and material collateral for KRW 25,00,000 including the remaining principal and interest of the first loan on the ground that the amount of the loan was not written, and the F responded to this demand on May 18, 201, the Intervenor borrowed KRW 25,000,000, interest rate of KRW 50,000 per annum (24% per annum), and KRW 20,000 per annum, and KRW 30,000,000 per annum, and KRW 20,000,000 per annum, and KRW 20,000,000 (hereinafter “the loan”). At the same time, the Intervenor received the loan from the Plaintiff as “the remainder of KRW 30,000,50,000,000 (hereinafter “the loan”).

On July 18, 2012, the succeeding assignee filed an application for voluntary auction based on the instant right to collateral security with the Jung-gu District Court D on July 18, 2012 and received the decision of commencement on August 2, 2012, and the subsequent auction procedure is proceeding.