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(영문) 수원지방법원안산지원 2015.11.18 2015가단5989
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 3, 2010, each of the loans extended by the Defendant to the Plaintiff was KRW 134,000,000 from the Defendant (hereinafter “instant loan”) and KRW 15,00,000 (hereinafter “instant loan”).

The terms of each loan agreement of this case are as follows.

(1) In the instant case, (2) common interest in loans, and (3) other parts are separately indicated).

1. Subjects of loans: General loans (type of loans: Deed loans);

6. Interest rate, etc.: (1) Loans in this case: Standard interest rate (2.35%) and (2) Loans in this case applying differential rates, such as the reference interest rate (-0.05%) and damages for delay under Article 6 of the Standard Interest Rate (-0.05%). (1) The damages for delay and the special damages rate under this Agreement shall be applied differently according to the overdue

1. Period of arrears of less than one month: 6% of the loan interest rate on an obligor;

2. Period of arrears is not less than one month but less than three months: 7% of the debtor's loan interest rate;

3. The period of arrears is not less than three months: 9% of the debtor's loan interest rate. (2) If the debtor's loan interest rate and the special indemnity rate under paragraph 2 is less than 15% per annum, it shall be applied to 15% per annum, and if the rate exceeds 21% per annum, it shall be applied to 21%

Article 10 (Compensation for Delay ① When interest on installment payments, installment payments, and principal and interest on installment payments have not been paid on the fixed date, he shall promptly pay damages for delay on the amount to be paid.

(2) If a member cooperative fails to perform its obligation on the expiration date of the lending term or loses the benefit of time under Article 7 of the Framework Terms and Conditions on Credit Transactions, he/she shall pay damages for delay on the balance of the loan immediately from that time.

B. On May 3, 2010, the Plaintiff and the Defendant’s right to collateral security contract concluded with the Defendant and Ansan-si (hereinafter “instant apartment”) with respect to the secured obligation regarding D apartment Nos. 1826, 1004 (hereinafter “instant apartment”) as “the Plaintiff’s all obligations that the Plaintiff owes to the Defendant at present and in the future due to transactions under the deed lending agreement” (Article 1(1)) and the maximum debt amount.

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