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(영문) 서울중앙지방법원 2018.05.24 2017가합538464
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 200,387,497 and the interest rate of KRW 15% per annum from November 18, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On May 22, 2007, the Defendant obtained a loan of KRW 200 million from the Industrial Bank of Korea (hereinafter “instant loan”).

B. On the same day, B completed the registration of creation of a mortgage (No. 8010 on May 22, 2007, 2007) against the maximum debt amount of KRW 240 million with respect to the land of this case (hereinafter “instant land”), which had been registered in the name of B to the Industrial Bank of Korea on the same day, with respect to the land of this case (hereinafter “instant land”).

(C) The right to collateral security established following the registration of the establishment of a neighboring mortgage (hereinafter “instant right to collateral security”).

On December 22, 2014, D, which is another mortgagee of the instant land (U.S. District Court S.S. registry office, No. 92588, Jun. 29, 2012), filed an application for voluntary auction with respect to the instant land, and conducted the auction procedure to Suwon District Court E (hereinafter “instant auction procedure”). On November 26, 2015, the said Industrial Bank received dividends of KRW 287,497 as the first mortgagee.

The Plaintiff received the claim attachment and collection order (hereinafter “instant claim attachment and collection order”) from the Seoul Central District Court as the Defendant on March 20, 2017, with respect to “B against the Defendant, and the amount until B reaches KRW 708,692,783 out of the claim for the right to indemnity arising from the sale of the instant land during the auction procedure based on the security of the land in this case, from the Suwon District Court, based on the claim based on the executory claim based on the original copy of the payment order (hereinafter “instant payment order”). The Plaintiff received the claim attachment and collection order (hereinafter “instant claim attachment and collection order”) from the Defendant on March 23, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 12, and Eul evidence No. 1.

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