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(영문) 광주지방법원 2015.09.25 2015나3859
부당이득금반환 등
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. The Credit Livestock Industry Cooperatives (hereinafter “Credit Livestock Industry Cooperatives”) entered into a monetary loan agreement with D on February 5, 1997, and on the same day D on February 5, 2000, set the payment period to D on February 5, 200, the interest rate of 13.5% per annum, and the delay interest rate of 19% per annum and lent KRW 20 million per annum to D.

(hereinafter referred to as “this case’s credit”). E has jointly and severally guaranteed D’s credit against the credit cooperatives.

B. F completed the registration of the establishment of a neighboring mortgage on March 30, 1998, No. 5810 of the maximum debt amount, No. 5810, which was received on March 31, 1998, for the establishment of a contract on March 30, 1998 with respect to G 813§³ (hereinafter “instant land”).

(hereinafter “instant collateral security”). C.

In addition, the amount of the claim is KRW 42,218,508 with respect to the instant land as the principal and interest on the instant credit and loan claims as of February 6, 1997, and the amount of the claim is KRW 42,218,50,000, Gwangju District Court 99Kadan7329, which applied for provisional seizure against the said court and received a decision of provisional seizure from the said court, and completed the provisional seizure registration as of June 30, 1999.

F on March 9, 2010, based on the instant collateral security, filed an application for a real estate auction on the instant land with Gwangju District Court Netcheon Branch H, and the instant land was sold to I on August 10, 2010 at the auction procedure conducted following the decision to commence the auction by the said court.

E. On September 29, 2010, in the distribution procedure of the said voluntary auction case, a distribution schedule was formulated that KRW 16,210, and KRW 26,97,565 were distributed to F, among the dividend amount of KRW 26,93,775 (hereinafter “instant distribution schedule”).

F. On August 25, 2011, 201, the Credit Cooperatives filed a payment order with the Gwangju District Court 201ja20, which requested payment of the Credit Union claims against E from the said court to the Credit Cooperatives.

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