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(영문) 서울동부지방법원 2017.08.17 2016가합111766

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On June 17, 2015, the Plaintiff: (a) determined 2.3% per annum (27.6% per annum); (b) interest rate of 2.9% per annum (34.9% per annum); and (c) interest rate of 2.5% per annum (hereinafter “instant loan”); and (d) extended 6.5 billion won (hereinafter “part of the instant loan”) from the Defendant, a credit service provider, to secure repayment of the loan amount of 7.5 billion won (hereinafter “the instant loan”); and (b) completed the registration of the establishment of the mortgage on the land of 200,000,000 won on the land of 50,000,000 won and 1/5 shares (hereinafter “1 real estate”); and (c) completed the registration of the establishment of the mortgage on the land of 200,000,000 won on the land of 50,000 won and 205,000,000 won (hereinafter “the instant real estate”).

On June 23, 2015, the Defendant directly remitted KRW 278,366,302 to the Plaintiff’s bank account. From the same day to the next day, the Defendant repaid KRW 7,221,63,698 on behalf of the Plaintiff the total amount of the instant loan to the Plaintiff.

On June 23, 2015, the Plaintiff is not more than KRW 250,872,420 to the Defendant.