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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On June 8, 2001, C borrowed the loan (Account Number: D; hereinafter “the loan of this case”) at the rate of 11.5% per annum, 18% per annum, 18% per annum, due date for repayment on June 8, 2003, and on December 27, 2004, C repaid KRW 10,819,466 in total, with interest on the loan of this case and delay damages.
B. Meanwhile, on January 21, 2005, the Newnam-do Agricultural Cooperative applied for a compulsory auction on each of the above courts as Jinwon District Court Jinju Branch H on January 25, 2005 and received a decision to commence the auction on each of the above real estate on January 28, 2005, and the Plaintiff received a decision to commence the auction from the above court on January 31, 2005, by applying for a compulsory auction on each of the above real estate to the same court I on each of the above real estate on January 31, 2005.
C. On April 18, 2005, the Newnam-do Agricultural Cooperative filed an application for compulsory auction with the Changwon District Court for a compulsory auction on the land size of 16.53 square meters of the annexed building, which is owned by the network C (hereinafter “instant housing”). On January 19, 2005, the said court filed an application for a compulsory auction on the land size of 16.53 square meters of the annexed building, which is owned by the network C, (hereinafter “instant auction procedure”). Since then, each of the above auction procedures (hereinafter “instant auction procedures”) were jointly conducted.
In the auction procedure of this case, the New South Korea reported the principal amount of KRW 51,787,944 (i.e., KRW 21,787,94) as the claim amount, and the Plaintiff reported the principal amount of KRW 80,194,315 (i.e., KRW 43,294,315) as the claim amount.
E. On September 26, 2005, the Plaintiff deposited KRW 10 million into the Agricultural Cooperative of New Sea (hereinafter “instant entry”) with the said deposit account, and the said deposit deposit slip stated “A (C interest)” and the Agricultural Cooperative of New Sea of South Korea with respect to the instant house on the same day.