(영문) 춘천지방법원 2016.09.30 2015나6023 | 리걸엔진

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(영문) 춘천지방법원 2016.09.30 2015나6023

배당이의

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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 Defendant: (a) lent KRW 500 million to Karaba T on July 31, 2013 by the Defendant up to December 31 of the same year at 10% (30% per annum of delay damage) with the interest rate of KRW 500 million to Karaba T on July 31, 2013; (b) a notarial deed of a monetary loan agreement (hereinafter referred to as “a notarial deed of KRW 500 million”) stating the purport that “the payment of the principal and interest shall be delayed, and shall naturally lose the benefit of time, and even if compulsory execution is immediately enforced, no objection shall be raised” (hereinafter referred to as “the notarial deed”) and (c) the Defendant loaned 30 million interest per annum (30% per annum of delay damage) to Karaba T T on July 31, 2013; and (d) the Defendant immediately divided the interest of KRW 300 million by the end of each month from June 30, 2014 to August 2315.

(hereinafter referred to as "300 million won Notarial Deed", and in total, "each notarial deed of this case". (b)

On July 31, 2013, the Defendant entered into a transfer security agreement with the Karaba T on the 30th of the Carraba, the ownership of each of the instant notarial deeds, with a view to securing a claim based on each of the instant notarial deeds, on a transfer security agreement with the 30th of the Carraba T. Around that time, the Defendant acquired the transfer security right to the Kaba T. by means of possession amendment.

(hereinafter referred to as “instant transfer security”). C.

On October 17, 2013, based on each of the instant deeds, the Defendant filed an application for a compulsory auction with the Chuncheon District Court 2013No1045 on the corporeal movables owned by the Karaba, including the instant Karaba, on October 17, 2013. On October 24, 2013, the execution officer of the said court seized corporeal movables owned by the Karababa.

The above auction procedure is "the auction procedure of the corporeal movables", and the above seizure is "the above seizure."

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