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(영문) 대전지방법원 천안지원 2017.03.28 2016가단8899
배당이의 등
Text

1. The contract to establish a right to collateral security concluded on August 9, 2013 between the defendant and D concerning the real estate stated in the attached Form No. 44,88.

Reasons

1. Facts of recognition;

A. On February 1, 2011, Plaintiff A prepared a loan certificate with the effect that D would pay D 20,000,000 won to the Plaintiff by December 30, 2013, and that D would pay D 20% damages for delay at the time of non-performance of the loan certificate. 2) After that, Plaintiff A was unable to receive reimbursement from D due to the above loan certificate, and on February 13, 2014, the provisional attachment registration was completed on the same day upon receipt of the provisional attachment order with respect to the real estate stated in the attached Form (hereinafter “instant real estate”), and on May 8, 2015, Plaintiff A filed a claim against D for loans under this Court No. 2015No6859, and the decision on May 8, 2015, “Plaintiff A would have been made at the rate of KRW 14,77,297,297,295,296,2015.”

3) On January 20, 201, Plaintiff B prepared a certificate of borrowing KRW 20,00,00 with D as of January 20, 201, and KRW 20,000 due date and KRW 20,000 with interest per annum, and Plaintiff B borrowed from Plaintiff B. 4) After that, Plaintiff B failed to receive repayment from D pursuant to the above loan certificate, the provisional attachment registration was completed on the same date upon receipt of the provisional attachment order issued by this court 2014Kadan413 on February 13, 2014. Plaintiff B filed a claim suit against D for loans from this court, and on May 8, 2015, this court received from Plaintiff B the above order of borrowing KRW 20,000,000 with interest per annum, and from January 20, 2012 to December 25, 2014, Plaintiff B received the above order of borrowing money from Plaintiff B by 20,000 annually.

B. D’s act of establishing a right to collateral security with the Defendant on August 9, 2013 entered into a contract to establish a right to collateral security with the maximum debt amount of KRW 50,000,00 with respect to the instant real estate, D’s act of establishing a right to collateral security, and accordingly, the Daejeon District Court’s ASEAN Branch Office.

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