배당이의
1.The judgment of the first instance shall be modified as follows:
With respect to the Busan District Court C's auction of real estate, the above case.
1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure
2. The parties' assertion
A. The gist of the Plaintiff’s assertion was only 85,740,000 won remaining after deducting the interest on the instant loan and the expenses for establishing a right to collateral security, which was actually made at the time of the instant loan, and paid 50,000 won to the Defendant as interest on the said amount from March 3, 2011 to June 19, 2012. The portion exceeding 30% per annum of the interest-based maximum interest rate under the Interest Limitation Act is deemed as being appropriated for the principal. As such, the Defendant’s actual amount of the Defendant’s claim on the instant loan does not exceed the amount distributed to the Defendant under the instant distribution schedule.
Therefore, the distribution schedule of this case is illegal as it is distributed more excessively than the actual claim amount of the defendant, so it should be revised as stated in the purport of the claim.
B. The Defendant’s summary of the Defendant’s assertion is as follows: (a) pursuant to the agreement with the Plaintiff at the time of the instant loan, KRW 12,50,00,00, which was part of the loan that was paid in advance to the Plaintiff on December 28, 2010; and (b) KRW 1,089,000, which was part of the loan that was the loan that was paid in advance on December 28, 2010; (c) the housing construction for a stock company (hereinafter “housing construction”) and the Plaintiff jointly and severally liable for a loan of KRW 115,00,000 on December 27, 2010, which was the loan of KRW 14,260,000,000 (= KRW 12,50,000,000,0000,000,0000,000 loan, the principal of the instant loan was paid.
In addition, the above KRW 50,00,000, which the Defendant received from the Plaintiff, is interest on the loans and the instant loans as of December 27, 2010, and thus, KRW 25,000,000 out of the above KRW 50,000 should be appropriated for the repayment of the principal and interest on the loans as of December 27, 2010, and the remainder of KRW 25,000,000 should be appropriated for the repayment of the principal and interest on the loans of this case.
3. Determination
A. The principal of the instant loan is related to 1.