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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant and the selector are the mortgagee who established the right to collateral security with respect to real estate owned by the Plaintiff and D with the secured claim against the Plaintiff as the secured claim.
B. On July 9, 2013, the court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the remainder amount of KRW 266,924,695 to the voice branch of the National Health Insurance Corporation, which is a mortgagee, in the order of priority 554,540 won, to the voice branch of the National Health Insurance Corporation, which is a mortgagee, in the order of priority 20,568,773 won, in the order of priority 420,568,73 won, in the order of priority 33,468,230 won, and in the order of priority 266,924,695 won to the defendant and the designated person who is the applicant creditor.
C. The Plaintiff, a debtor and owner, stated an objection against the total amount of dividends to the Defendant and the Selection on the date of distribution.
【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading
2. The gist of the Plaintiff’s assertion is that the Plaintiff fully repaid the money borrowed from the Defendant and the designated parties by means of repayment and payment in kind, etc., and there is no loan claims against the Defendant and the designated parties.
Therefore, the amount of dividends to the defendant and the selector among the distribution schedule of this case should be revised in KRW 266,924,695.
3. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 2, and 4, the Plaintiff borrowed money on several occasions from the Defendant and the designated parties and paid part of the borrowed money from time to time to time in order to raise the insufficient business funds while carrying out the business of newly building and selling the 4 bonds of multi-family house from around September 2010 to the Ethy of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Plaintiff: (a) on January 20, 2012, determined the amount of the remaining borrowed money from the Defendant and the designated parties at KRW 1.34 billion; and (b) on September 20, 2012, the Plaintiff determined the amount of the borrowed money from the Defendant and the designated parties at KRW 24 billion with interest rate at 2.4 billion per annum; and