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(영문) 전주지방법원 군산지원 2017.03.28 2016가단4612
배당이의
Text

1. It was prepared on June 7, 2016 by the same court with respect to the auction case of real estate C in the Jeonju District Court’s Gunsan Branch C.

Reasons

Basic Facts

On February 28, 2011, the Plaintiff loaned KRW 133,000,00 from the Defendant Union, and on the same day, set up a collateral security as to the real estate stated in the attached Table 1 (hereinafter “instant apartment”) owned by the Plaintiff against the Defendant Union as the maximum debt amount of KRW 159,60,000,00, and as to the real estate in the attached Table 1 (hereinafter “instant apartment”).

The Plaintiff had a relation of borrowing money from Defendant B from time to time. On March 4, 2011, the Plaintiff set the right to collateral security at KRW 60,000,000 with the maximum debt amount.

Defendant B, on June 4, 2015, received a voluntary decision to commence the auction of the instant apartment as Jeonju District Court Gunsan Branch C with respect to the instant apartment.

The Defendant Union reported the Plaintiff’s total amount of KRW 133,00,000 as the principal and interest of KRW 6,829,001 as the secured debt during the above auction procedure. Defendant B reported the amount of KRW 60,000,000 as the secured debt, which is one of its maximum maximum debt amount.

On June 7, 2016, the above auction court distributed a total of KRW 139,829,001 of the amount of credit reported to the defendant union, and distributed the remaining dividends to the defendant B amount of KRW 53,881,456.

The Plaintiff, as the owner of the apartment of this case, was present on the date of the above distribution, and stated that there was an objection against the whole dividend amount of KRW 6,829,001 and Defendant B, out of the dividend amount against the Defendant Union.

[Ground of recognition] In the absence of dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 4, Eul evidence 1, Eul evidence 1, and the purport of the whole pleadings against the defendant association, the plaintiff's association asserted that the plaintiff's claim against the defendant association was based on the interest rate of 3.2% per annum as agreed upon with respect to the loan principal from November 29, 2015 to June 6, 2016, and reported the interest rate of 6,829,001 won by applying the overdue interest rate from November 30, 2015 to June 6, 2016.

However, applying the above overdue interest rate as above is erroneous, and where the interest rate of 3.2% per annum as agreed from November 30, 2015 to June 6, 2016 is applied, the interest rate is 2.

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