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(영문) 광주고등법원 2018.03.30 2017나11574
양수금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On April 29, 2008, K borrowed the amount of KRW 300,000,000 from Defendant B on April 29, 2008 (hereinafter “this case’s loan certificate”) with the effect that K borrowed the amount of KRW 300,000 from Defendant B at maturity on April 29, 2010 and at 1.2% per interest month (hereinafter “the loan certificate”).

2) Upon receipt of the instant loan agreement, K’s claim against Defendant B based on the said loan agreement (hereinafter “instant loan agreement”).

(2) On April 30, 2008, Defendant B created a collateral security right of KRW 300,000,000 for the maximum debt amount with respect to the instant real estate (hereinafter “instant real estate”) other than 66.1m2, Mapo-si L, Mapo-si, and six real estate (hereinafter “instant real estate”).

3) Since then, K received dividends of KRW 96,105,738 on July 20, 2015 in the voluntary auction procedure conducted in Y and N (Dupl) with respect to the instant real estate. (b) On May 16, 2011, K was granted the provisional attachment order on the instant loan claim against Defendant B as the Gwangju District Court Branch Branch Decision 201Kahap139 on May 16, 201 (hereinafter “instant provisional attachment order”). The said provisional attachment order was served toO on May 18, 201, and to Defendant B on May 27, 2011, respectively.

2) Defendant B obtained, as a security for the foregoing contractual deposit claim, the right to collateral security amounting to KRW 900,000,000,000 from C with respect to the 6,217 square meters in Mapo-si and the 4th floor building on the ground thereof from C, as the Mapo-si Branch of Gwangju District Court No. 44778 on October 24, 2012, as the maximum debt amounting to KRW 900,00,000, out of the above collateral security claim, Defendant B transferred Defendant C with KRW 270,000,000 to Defendant D, and KRW 270,000,000,000 from October 15, 2012 to Defendant D with respect to each of the above collateral security claims amounting to KRW 200,000,000,000 to Defendant B, and the said right to collateral security agreement (hereinafter “instant assignment agreement”).

(3) Defendant C, D, E, F, and G (hereinafter “B”), with respect to the foregoing real estate owned by theO, are subject to voluntary auction proceedings conducted by the Gwangju District Court H, I (Dupl), and J (Dupl).

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