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(영문) 의정부지방법원고양지원 2014.09.25 2014가합3016
배당이의
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 November 29, 2006, the Plaintiff concluded a mortgage agreement with the Industrial Bank of Korea covering KRW 900,000,00 (the interest rate was agreed to apply to the fixed interest rate pursuant to the mortgage loan) as of November 27, 2007, under which the Plaintiff obtained the first loan for small and medium enterprise funds (hereinafter “the first loan”), with the maximum debt amount of KRW 1,080,000 as to the real estate stated in the separate sheet (hereinafter “the instant real estate”) within the scope of the said agreement, which guarantees the Bank’s present and future loans, current and future loans, current loans, and all other obligations arising from credit transactions. On the same day, the Plaintiff concluded a mortgage agreement with the collateral security holder as the Industrial Bank of Korea for 00,000,000 (the loan interest rate of KRW 50,000,000,0000,000,0000).

On November 3, 2008, the Plaintiff repaid KRW 5,000,000 among the above principal amount of KRW 50,000,000.

C. On November 7, 2012, the Plaintiff continued to extend the repayment period due to the Plaintiff’s failure to repay the principal for the first and second loans. On November 7, 2012, the Plaintiff entered into a contract with the Industrial Bank of Korea under which the right to collateral security on the instant real estate was changed to a limited collateral security (hereinafter “instant modified contract”).

Afterward, this Court B and C commenced the above B case on May 13, 2013 with respect to the instant real property, and thereafter the same year.

8. 8. The above C case was initiated in duplicate.

The auction procedure of real estate (hereinafter referred to as the "voluntary auction procedure of this case") was commenced, and the defendant in the above auction procedure of this case.

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