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(영문) 춘천지방법원 2016.08.18 2015가단55772
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the arguments in Gap evidence 1, evidence 2, evidence 2-1, evidence 3, evidence 4, evidence 5, evidence 6, evidence 1, evidence 2-1, evidence 3-2, evidence 3-1, evidence 3-2, evidence 4, evidence 5, evidence 5, and evidence 6 of evidence 1, evidence 2-2, evidence 3-2, Eul evidence 4, evidence 5, and evidence 6, and there is no counter-proof.

On October 31, 2013, the Plaintiff entered into a contract to establish collateral security for each movable property listed in the separate sheet (hereinafter referred to as “instant auction property”) with Nonparty Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) and received registration from Nonparty Co., Ltd. on November 1, 2013, and received the notification of the completion of registration and the completion of registration from the Chuncheon District Court on November 6, 2013.

B. On July 31, 2013, the Defendant: (a) signed a notarial deed in a monetary loan agreement between the non-party company and a notary public stating the purport that the non-party company would have no objection despite being immediately subject to compulsory execution (hereinafter “instant No. 1 notarial deed”) in which the Defendant would lend KRW 500,000,000 to the non-party company by 10% per annum; and (b) on December 31, 2013, the Defendant would lend 30% per annum to the non-party company; and (c) the non-party company would have delayed the payment of the principal and interest, thereby ipso facto loss the benefit of time; and (d) set up a notarial deed in

C. On July 31, 2013, the Defendant: (a) deposited KRW 300,000,000 with a notary public, a law firm 210,013, with interest rate of KRW 12% per annum; and (b) deposited KRW 20,00,000 as of June 30, 2014 to August 31, 2015; (c) deposited KRW 20,000,000 as of August 31, 2015; (d) the Nonparty Company delayed the payment of the above principal and interest, as a matter of course, would lose the benefit of time; and (e) drafted a notarial deed of a money loan agreement to the effect that a notary public is aware that there is no objection even if compulsory execution was conducted (hereinafter “notarial deed 2”).

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