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(영문) 서울중앙지방법원 2018.07.19 2017가합587329
배당이의
Text

1. Of the distribution schedule prepared on December 12, 2017 by the above court with respect to A real estate auction case at Seoul Central District Court A.

Reasons

1. Basic facts

A. On February 28, 2006, Korea Bank Co., Ltd. (hereinafter “Korea Bank”) concluded a credit transaction agreement and mortgage contract with B, and completed on March 2, 2006, the establishment registration of a neighboring mortgage in the name of the Seoul Seocho-gu Seoul Metropolitan Government apartment 902 (hereinafter “instant real estate”) with a maximum debt amount of KRW 600 million (hereinafter “mortgage 1”).

On October 2, 2010, our bank concluded a credit transaction agreement with B to extend the credit period of the said credit transaction agreement (hereinafter “the instant credit transaction agreement”). The instant credit transaction agreement stipulates that the amount of credit (limit) is KRW 500 million, interest rate fluctuation rate (2.82%), interest rate of 17% per annum (less than three months) and 19% per annum (not less than three months), interest rate of 0.1% per annum, and the agreement also stipulates that the fee rate of the amount not used shall be 0.1%, and Article 2 of the credit transaction agreement of this case does not separately stipulate the expiry date, and Article 7 of the credit transaction agreement of this case provides that “I shall pay damages for delay to the balance of the credit from that time when I lose profits pursuant to Article 7 of the Framework Agreement on Credit Transactions.”

B. Meanwhile, on the other hand, on December 29, 201, the Korea Savings Bank (hereinafter “Korea Savings Bank”) completed the registration of creation of mortgage in the name of the Korea Savings Bank (hereinafter “Korea Mutual Savings Bank”) under the name of the debtor, as to the instant real estate on December 29, 201.

The Korea Savings Bank was declared bankrupt on February 28, 2013 by Daejeon District Court 2013Hahap2, and the plaintiff was appointed as the trustee in bankruptcy.

On December 31, 2014, the Plaintiff filed an application for voluntary auction of real estate with the claim amounting to KRW 6770 million based on the instant 2-mortgage, and this court rendered a decision to commence auction on January 2, 2015.

(This Court A, hereinafter referred to as “instant auction”). C.

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