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(영문) 수원지방법원 2014.05.15 2013가합19222

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. (1) As the network D, which was put on November 26, 2004, died, Defendant A succeeded to the status of the lessor with respect to the above real estate, on the following grounds: (a) the loan claims against E Co., Ltd. (the former trade name: F Co., Ltd.; hereinafter “debtor”) and the debtor company leased and used by the debtor company; (b) the loan claims against E Co., Ltd. (the former trade name: F Co., Ltd.; hereinafter “C

(2) On July 30, 2007, Defendant A calculated 100,000,000 won and calculated interest on the above real estate as KRW 50,00,000 per annum (6% per annum) and calculated the above loan claim as KRW 350,00,000 per annum, and calculated the interest on the above loan claim as KRW 1,50,000 per annum (5% per annum). Defendant A entered into a quasi-loan loan agreement with the debtor company as of July 29, 2008, and set the loan certificate (A evidence 2-2) as above.

(3) On August 16, 2007, in order to secure the performance of the above loan obligation, the debtor company set up each collateral security right of KRW 100,000,000, and KRW 350,000,000 with respect to the land listed in [Attachment A] Nos. 1 of the real estate list as of August 16, 2007.

B. (1) From March 1, 1996 to December 28, 2003, Defendant B, the representative director of the debtor company, set the amount of KRW 280,000,000 as the monthly interest rate of KRW 1%.

(2) On May 10, 2005, the debtor company issued and delivered to the defendant B a promissory note amounting to KRW 280,000,000 which is equivalent to the above borrowed principal.

(3) On July 6, 2010, Defendant B filed an application with the debtor company for a payment order claiming payment of the principal amount of KRW 52,400,000 (= principal amount of KRW 280,000,000) as Seoul Central District Court Decision 201Da51411, and the delayed payment payment amount of KRW 272,40,000 (= interest of KRW 272,40,000) as well as the delayed payment

(hereinafter “instant payment order”). Accordingly, on July 23, 2010, the above court held that “the debtor company shall pay KRW 552,400,000 and KRW 280,000 among them, 20,000 per annum from the day after the delivery date of the original payment order to the day of complete payment.”