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(영문) 수원지방법원 성남지원 2017.03.15 2016가단220302
배당이의
Text

1. On August 17, 2016, the above court in relation to the Suwon District Court B and C (Dual) auction of real estate.

Reasons

1. Facts of recognition;

A. On February 26, 2015, the Defendant loaned KRW 9,400,000,000 to the Securities Depository (hereinafter “Nonindicted Company”) at the interest rate of KRW 7.5% per annum, and at the interest rate of arrears rate of KRW 17% per annum (hereinafter “BF loan”) and entered into a pledge agreement on collateral security claims, such as the attached Table 1, with the Nonparty Company (hereinafter “BF pledge”).

On April 28, 2015, the Defendant loaned KRW 5,200,000,000 to Nonparty Company at the interest rate of KRW 7.5% per annum, and at the interest rate of overdue interest of KRW 17% per annum (hereinafter “instant loan”), and the attached Table 2 list A between Nonparty Company and Nonparty Company.

As to the real estate stated in the subsection (hereinafter “each real estate of this case”), a pledge agreement on collateral security claims, such as attached Table 2, was concluded.

(hereinafter “instant pledge”) C.

In the case of the Suwon District Court's Sungnam Branch B and C (Dual) auction on each of the instant real estate (hereinafter "instant auction procedure"), the Defendant

2. The claim statement of KRW 7,303,986,478, totaling the principal amount of KRW 7,181,986,478, and interest 122,00,000,000, was submitted. The above court, on August 18, 2016, 9,015,153,550, the top priority small-sum lessee, seizure right holder (the pertinent tax), and the fixed-term lessee, and the Defendant as the pledgee of the right to collateral security (hereinafter referred to as the “instant dividend statement”) were prepared in order to distribute the amount of KRW 5,850,00 to the Defendant as the pledgee of the right to collateral security (hereinafter referred to as the “instant dividend list”).

The plaintiff is a creditor who has a claim amounting to 261,200,000 based on the payment order and damages for delay against the non-party company, Busan District Court's Dong Branch, Busan District Court's Branch, 2015, 12631, and provisional attachment of the claim amounting to 80,000,000.

E. The amount of the Defendant’s loan claim against Nonparty Company is KRW 5,200,000,000 as of August 18, 2016, and interest 115.

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