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(영문) 대구지방법원 2018.12.20 2017가합207929
배당이의
Text

1. The maximum amount of debt on September 28, 2016 regarding each real estate indicated in the separate sheet between the Defendant and E.

Reasons

1. Basic facts

A. The Plaintiffs’ claim 1 for E Co., Ltd. (hereinafter “E”) lent KRW 700 million in total each of KRW 350 million to H or H around September 8, 2016 by setting the interest rate of KRW 2% (payment on the eightth day of each month) and the due date on December 8, 2016, while lending KRW 350,000,000 to H or H. The respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

(i) and Daegu Suwon-gu Idong (hereinafter referred to as "Idong") only;

(2) Around November 2016, the Plaintiffs filed a lawsuit seeking payment of the interest or delay damages on the loan and penalty against H and E (i.e., payment of KRW 100 million, respectively, to the Plaintiffs, by offering all or part of the size of J 203 square meters to a third party as security. E has guaranteed the obligation under the agreement on the loan and penalty against the Plaintiffs. (ii) A and E filed a lawsuit seeking payment of KRW 450 million, respectively, against H and E, respectively. (i.e., payment of KRW 350 million, the above loan amount to KRW 350 million) and interest or delay damages thereon.

(3) With respect to the claim for loans from the plaintiffs on September 8, 2017, 2017, this court accepted the part of the claim for the loans from the plaintiffs, and 50% of the claim for penalty, and H and E jointly accepted 400 million won from the plaintiffs (i.e., loan 350 million won) (i., loan 50 million won) and 350 million won from September 8, 2016 to the date of full payment, 24% per annum from the date of full payment, 50 million won, 50 million won was made with 50% per annum from the next day to September 8, 2017 to the date of full payment, and 15% per annum from the next day to the date of full payment, and 30 million won per annum from the date of full payment, each of the above decisions became final and conclusive after 2017.36% per annum 28, 2016 to the date of full payment.

B. The defendant's claims against E and this case.

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