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(영문) 부산지방법원 2016.10.06 2016가단32335
손해배상(기)
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 August 26, 2010, the Defendant lent KRW 400,000,00 to B on the same day, and completed the registration of the establishment of a collateral for each of the lands listed in the separate sheet Nos. 1 through 5 owned by C on the same day (hereinafter “each of the instant lands”) with respect to the obligor, the maximum debt amount of KRW 520,00,000,000.

B. C newly constructs each land listed in separate sheet Nos. 6 through 14 (hereinafter “instant building”) on each land listed in separate sheet Nos. 1, 3, and 4, and simultaneously completes registration of ownership preservation on March 28, 2012.

C. On October 28, 2011, the Plaintiff was a credit service provider registered for credit business with the trade name D, and loaned KRW 130,000,000 annually to C on July 17, 2012 (39% per annum) and on August 16, 2012 due date for repayment (hereinafter “the instant loan”). The Plaintiff completed the registration of the establishment of a collateral for each building listed in attached Tables 6 through 13 on the same day with the total amount of KRW 160,00,000 and the maximum debt amount of KRW 80,000,000,000.

On December 28, 2012, the Defendant completed the registration of the establishment of a neighboring building in which additional maximum debt amount is KRW 520,000,000 for the purpose of securing loan claims against the above B.

E. Each of the instant lands and buildings was proceeds from voluntary auction procedures (hereinafter “instant auction procedures”) as the Gwangju District Court E and F (Joint) and sold to a third party on December 10, 2014.

F. On January 28, 2015, the Gwangju District Court prepared a distribution schedule to distribute KRW 161,805,980 to the Defendant as a mortgagee (hereinafter “instant distribution schedule”) the amount of KRW 160,000 as a person having chonsegwon and KRW 80,00,000 as a mortgagee, as a person having chonsegwon on the date of distribution of the instant auction procedure, and KRW 161,805,980 as a person having chonsegwon (hereinafter “instant distribution schedule”).

G. On January 28, 2015, the Defendant was present on the date of distribution of the instant auction procedure.

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