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(영문) 수원지방법원여주지원 2016.01.14 2015가단7468

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. On October 23, 2012, the Defendant loaned KRW 2.6 million to the Plaintiff at the interest rate of 5.9% per annum, 24% per annum, 7.9% per annum, 7.9% for the fee rate, 72 months for the loan period, 72 months for the repayment method, and 2.6 million won per annum for the repayment method (from December 2, 2012 to November 2, 2018, and payment date: the second day of each month).

(hereinafter “instant loan”). (b)

On October 25, 2012, the Plaintiff completed the registration of ownership of the automobile listed in the attached Form (hereinafter “instant automobile”).

C. In order to secure the claim for the principal and interest of the instant automobile from the Plaintiff, the Defendant entered into a mortgage contract with the amount of KRW 13 million, and completed the registration of the establishment of the mortgage on October 25, 2012.

(hereinafter “instant mortgage”). D.

(1) After that, following the Plaintiff’s failure to repay the principal and interest of the instant loan, the Defendant filed an application for voluntary auction on the instant automobile with the Suwon District Court Branch B to obtain the repayment of the principal and interest of the instant loan. The said court rendered a decision to commence auction on December 1, 2014, and the said decision to commence auction was completed on December 8, 2014.

(hereinafter “instant auction case”). On the other hand, as of November 20, 2014, the principal of the instant loan principal amounted to KRW 22,597,067, interest amounting to KRW 3,591,525.

B. On July 9, 2015, the Defendant submitted to the executing court of the auction of the instant auction case a claim statement concerning the principal and interest of the instant loan, including the following contents:

Principal 22,597,067, interest 4,140,304 won

E. On July 29, 2015, on the instant auction case, the executing court prepared a distribution schedule containing the following contents, and the Plaintiff appeared on the date of distribution and raised an objection against KRW 3,556,515 of the dividends to the Defendant.

The principal of the Defendant’s Credit Amount (the principal) of the Defendant’s Credit Amount (the principal) is 22,597,067,556,515 interest 4,140,304 costs and 26,737,3713,556,515 dividends order.