배당이의
1. Of the instant lawsuit, the Plaintiff’s claim seeking correction of the distribution schedule exceeding 3,872,806 won.
Facts of recognition
On October 30, 2006, D Co., Ltd. (hereinafter “D”) entered into a loan transaction agreement with F to grant loans of KRW 249,00,000 on October 30, 2036, with F, with interest rate of KRW 0.85%, interest rate of KRW 0.85%, overdue interest rate of KRW 0.85%, and overdue interest rate of KRW 1-29% per annum (Article 3(5) of the General Terms and Conditions for Credit Transactions). The number of days in arrears 1-29% per annum, 18% per annum, 30-59% per annum, 19% per annum, 60-89% per annum, and 21% per annum for at least 90 days (hereinafter “the instant loan”).
D On October 30, 2006, during the period of Gyeyang-gu owned by G, H apartment I (hereinafter “instant real estate”) concluded a mortgage agreement with the debtor FF, mortgagee D, the maximum debt amount of 298,80,000 won with respect to the debtor, and completed the registration of the establishment of the neighboring H apartment I as the receipt No. 127828 of the same month.
(D) On October 6, 2016, D filed an application for a voluntary auction of real estate with regard to the claim amounting to KRW 224,009,901 as well as damages for delay calculated at the rate of 11.66% per annum from October 6, 2016 to the date of full payment, with respect to KRW 217,614,186 as the claim amount pertaining to the instant real estate. D received a decision to commence the auction of the said real estate on October 13, 2016.
(J) On May 24, 2017, the Defendant paid the principal amount of KRW 217,614,186, interest22,368,153, expenses of KRW 3,770,510 according to the loan agreement of this case on the part of the Defendant on the part of the Defendant on the part of the Defendant on the part of the Defendant on the part of the Defendant on the part of the Defendant on the part of the Defendant on the part of the Defendant on the part of the Defendant on the part of the Defendant on the part of the Defendant on the part of the Defendant on the part of the Defendant on the part of the Plaintiff on the registration of the establishment of the neighboring real estate of this case on the same day on May 24, 2017, filed the registration of the establishment of the right to collateral security on the ground of subrogation of the established claim on the part of the
D has withdrawn the application for auction for the replacement of real estate from the Suwon District Court.
thereafter.