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(영문) 청주지방법원제천지원 2017.05.17 2016가단1133

배당이의

Text

1. Of the instant lawsuit, the part of the claim of demurrer against the Defendant regarding the amount of 1,480,090 won, No. 8 dividend ranking to the Defendant.

Reasons

1. Basic facts

A. On February 25, 2004, D received from the Plaintiff a provisional registration of the right to claim a transfer of the entire share (hereinafter “the provisional registration of this case”) with regard to the ownership of each real estate listed in the separate sheet as the Plaintiff’s ownership (hereinafter “share of this case”). On February 23, 2004, D received a provisional registration of the right to claim a transfer of ownership (hereinafter “the provisional registration of this case”) from the Cheongju District Court’s branch court’s receipt of a single registry office on February 1445, 2004, and the Defendant received a transfer registration from D on January 20, 2005 as the receipt of the single registry office on January 429, 2005 on the provisional registration of this case.

B. On July 17, 2009, the Defendant lent 32,700,000 won to the Plaintiff on January 14, 2005, the Cheongju District Court Decision 2009Da150, Cheongyang District Court Decision 2009Da150, and on November 5, 2008, the Defendant subrogated 48,600,000 won with interest and interest on the Plaintiff’s obligation to pay to the Plaintiff for damages for delay from January 14, 2005 to the day of full payment. Accordingly, with respect to the Plaintiff’s KRW 81,30,000 and its 32,70,000 among them, the Plaintiff applied for the above order to pay damages for delay at a rate of 24% per annum from the day following the delivery of the original payment order to the day of full payment, to 30,000 won, and the above order to pay damages for delay to the Plaintiff’s 300,009.

In the above case No. 2009da3063, Sep. 11, 2009, the Cheongju District Court rendered a ruling of recommending reconciliation that "the plaintiff shall pay to the defendant 81,300,000 won and 32,700,000 won among them at the rate of 24% per annum from January 14, 2005 to the date of full payment, 48,600,00 won with the rate of 20% per annum from July 22, 2009 to the date of full payment," and the plaintiff and the defendant did not object to the above ruling of recommending reconciliation.