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(영문) 수원지방법원 2015.08.13 2014가단17219

배당금확정

Text

1. On January 9, 2014, the Suwon District Court deposited the Plaintiff and the Defendants as the principal deposit in the year 2014 and deposited as the principal deposit amount of 150,857.

Reasons

1. Basic facts

A. As to the five parcels, E, etc. owned D, on April 25, 2011, the establishment registration of a mortgage was completed over the maximum debt amount of KRW 650,000,000 against the Plaintiff and the Defendants, which were the debtor F Co., Ltd. (hereinafter “F”), and the mortgagee as the Defendants.

(hereinafter “instant collateral security”). B.

On April 23, 2012 upon Defendant C’s application, a voluntary auction (U.S. District Court G) was commenced on April 23, 2012; thereafter, the Plaintiff, Defendant B, Nonghyup Co., Ltd, and H, who are other mortgagees, filed an application for a voluntary auction (I, J, K (Dupl) and the distribution was made on December 30, 2013; and on January 9, 2014, the Suwon District Court deposited KRW 150,857,764 as dividends to be distributed to the Plaintiff and the Defendants based on the instant collective security as deposit. < Amended by Act No. 2309, Jan. 9, 2014>

(hereinafter referred to as “instant deposit”). [The grounds for recognition] The fact that there is no dispute, Gap 1, 2, Eul 3-1, and 3-2, the purport of the entire pleadings, and the fact that there is a significant fact in this court.

2. The parties' assertion

A. Before the Plaintiff’s assertion on the instant mortgage was established, the Plaintiff’s husband L lent a large amount of money to F, but the said company did not pay interest amounting to KRW 77,125,000.

L 10 million won shall be lent to F, but the remaining 85,000,000 won shall be paid in lieu of the unpaid interest of 77,125,000 won, which shall be deducted from the interest of 15,000,000 won, and L 7,875,000 won shall be remitted to F.

Defendant B’s husband M and Defendant C also lent KRW 100 million each to Defendant B, and the instant collateral security was established according to the agreement between the parties to secure the said loan.

As such, since the amount of secured debt of the Plaintiff and the Defendants are identical to that of the secured debt secured by the instant right to collateral security, the right to claim a payment of the amount equivalent to 1/3 of the instant deposit is against the Plaintiff.

B. Defendant C’s assertion is an introduction of Defendant C’s husband M to F, and KRW 85,00,000,000.