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(영문) 창원지방법원통영지원 2014.12.11 2013가단12814
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. 1) The Defendant lent KRW 50 million to E on February 3, 2012. However, the interest rate was set at KRW 420,000 per annum (10.08% per annum), and the due date was set at KRW 20,000 per annum on February 2, 2013, and the due date was lost and due date was set at KRW 30% per annum. Furthermore, on February 3, 2012, the Defendant, on February 3, 2012, referred to as “the instant real estate” in total as “the instant real estate” for the said credit security.

(2) On April 4, 2012, G in a de facto marital relationship with E set the right to collateral security of KRW 65 million as the maximum debt amount. G was a joint and several surety for the said debt of E. (2) The Defendant provided a further loan of KRW 100 million to E on April 4, 2012, and the interest rate was set at KRW 4 million per annum (48% per annum), on April 3, 2013, and on April 3, 2013, the due date for payment was set at KRW 5% per month (60% per annum).

In addition, on April 5, 2012, the Defendant set up a collateral security (receiving No. 8967) with the maximum debt amount of KRW 130 million on the instant real estate.

G has jointly and severally guaranteed the above obligation.

B. From April 4, 2012 to August 27, 2012, the Plaintiff lent a total of KRW 53 million to E. However, on April 5, 2012, the Plaintiff created a right to collateral security (receiving No. 8968) on the instant real estate with a maximum debt amount of KRW 54 million.

C. On March 27, 2013, upon the Plaintiff’s application for voluntary auction, a voluntary auction was initiated with the Changwon District Court for the instant real estate.

On August 27, 2013, the defendant also applied for a voluntary auction and the D Voluntary Auction of the above court started in duplicate. D.

On November 26, 2013, the above court distributed the amount of KRW 558,371,421 to be actually distributed on the date of distribution of the above voluntary auction case to the head of the Tong-gu market, which is the first priority, and distributed the amount of KRW 215,282,583 to the defendant who reported the claim of KRW 215,282,583 (principal KRW 150 million, interest KRW 65,282,583) to the first priority mortgagee (order 2), which is subordinate.

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