배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On May 27, 2011, the Plaintiff and the Defendant obtained a loan of KRW 1,400,000 from the Defendant. However, on May 27, 201, the term of validity of the loan was concluded on the date of expiry, May 27, 2014; the interest rate was 0.59% of the base rate for change; and damages for delay was 9% of the loan interest rate if the overdue period is at least three months (hereinafter “instant loan agreement”).
On the same day, the Plaintiff and the Defendant concluded a mortgage contract with respect to the land of Seo-gu, Seo-gu, Daejeon, the Plaintiff owned, Seo-gu, Daejeon, D, E through F, G, H, I, J, K, L, M, N, and the land of D (hereinafter “each of the instant real property”), which is the maximum debt amount of KRW 1,960,00,000, and each of the instant real property as the Plaintiff as the Plaintiff (hereinafter “mortgage contract”). Accordingly, the establishment registration of mortgage was completed regarding each of the instant real property.
(2) On May 27, 201, the Defendant paid KRW 1,400,00,000 to the Plaintiff’s Nonghyup account.
After receiving the above money, the Plaintiff collected KRW 125,00,000 from the Plaintiff to the account in the name of O corporation.
The Plaintiff delayed the obligation to repay the principal and interest under the instant loan agreement, and the Defendant applied for voluntary auction to the court B on the basis of the instant right to collateral security in order to recover the claim for the loan to the Plaintiff.
(hereinafter “instant auction procedure”). At the instant auction procedure, each of the instant real estate was awarded in KRW 2,629,220,000, and accordingly, on the date of open distribution on August 19, 2015, a distribution schedule was formulated with the content that the Defendant received dividends of KRW 1,960,00,000, within the scope of the maximum debt amount of the instant collateral security, out of KRW 1,996,65,846, the Defendant’s loans against the Plaintiff based on the instant loan agreement, out of KRW 1,96,65,846.
The plaintiff stated an objection against KRW 125,00,000 out of the amount of dividends of the defendant.
The distribution schedule prepared on the date of the above distribution shall be made.