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(영문) 광주지방법원순천지원 2015.03.27 2014가단18173

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant lent KRW 200 million to D around January 9, 2012.

(hereinafter “instant loan”). On January 20, 2012, the Defendant entered into a mortgage contract (hereinafter “instant mortgage contract”) with D and E, with the purport that “The mortgagee (referring to D and E) currently bears, or will secure, a single, joint and several guarantee obligation to be borne by the creditor (hereinafter referred to as the Defendant) within the maximum debt amount, within the limit of 300 million won, with respect to the real estate listed in the separate sheet Nos. 1 and 3 through 12 in the separate sheet Nos. 1 and (2) as indicated in the separate sheet Nos. 1 and (2) of the separate sheet Nos. 1 and E owned by D (hereinafter collectively referred to as “each of the said real estate”). The Defendant completed the registration of the establishment of mortgage against the debtor, D and the debtor as the Defendant.”

Serial Transfer Date No. 130,00 won 5.5 million won on February 20, 2012; 11.5 million won on January 14, 2013; KRW 5.5 million on March 19, 2012; KRW 3 million on April 19, 2013; KRW 5 million on April 19, 2013; KRW 500,000,000 on March 15, 2013; KRW 4.5 million on March 15, 2013; KRW 1.5 million on May 17, 2012; KRW 1.5 million on May 17, 2012; KRW 1.5 million on May 17, 2013: KRW 5 million on June 15, 2015; and

B. From February 20, 2012 to September 23, 2013, from the Defendant’s husband F’s account, the sum of KRW 94 million, as indicated in the following table, was remitted from the Defendant’s husband F to the said D’s account.

C. On February 22, 2012, with D and E, the Plaintiff is currently liable to the obligee (referring to the Plaintiff) within the scope of one billion won with respect to each of the instant real estate by the obligor (referring to D and E).