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(영문) 춘천지방법원 2019.08.28 2018나53693
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 31, 2015, Defendant B and Defendant B loaned KRW 50,000,000 to E with interest rate of 24% per annum and due date of repayment on July 31, 2017. (2) On August 4, 2015, E borrowed a certificate of borrowing KRW 300,000,000 as the due date of payment on August 4, 2015, and issued it to Defendant B.

Defendant B remitted KRW 120,000,000 to E’s account on August 5, 2015, as well as remitting KRW 21,000 to E’s account until December 29, 2015.

3) On January 6, 2016, E drafted a certificate of borrowing KRW 90,00,000 from Defendant B, and delivered it to Defendant B. From January 6, 2016 to February 23, 2016, Defendant B remitted KRW 54,50,000 in total to E’s account five times from January 6, 2016 to February 23, 2016. (b) On July 31, 2015, the Plaintiff entered into a collateral security contract with Defendant B and Chuncheon FD (hereinafter “instant real estate”).

Within the scope of the maximum debt amount stipulated under Article 1 of the 50,000,00 won, the right to collateral security against the instant immovables shall be established, which is currently common to the creditor in the future, for obligations arising out of bills, various loans, transaction obligations, guaranteed obligations, and all other obligations owed by the debtor to the creditor.

On August 4, 2015, with respect to the instant real estate on August 4, 2015, the registration of creation of a mortgage held by the mortgagee B, the plaintiff who created the right to collateral security, and the debtor E 2, with respect to the instant real estate, was completed due to the creation of a mortgage held by the mortgagee B, the maximum debt amount of 50 million won, and the debtor E and the defendant B

C. On March 18, 2016, Defendant C acquired part of the instant right to collateral security from Defendant B regarding KRW 35,000,000 from the maximum debt amount among the instant right to collateral security, and on the same day, the instant right to collateral security regarding the instant real estate.

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