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1. Defendant B’s deposit number in Suwon District Court No. 1363 (Deposit Money 72,005,332) in 2016 and the same court deposit number.
Reasons
1. Basic facts
A. On December 15, 2015, Defendant B borrowed 2.90 million won from the Defendant Company as the interest rate of 2% (2.5% per annum) and the due date of repayment on March 15, 2016, with respect to the dividends to be paid during the compulsory auction procedure for the real estate auction (hereinafter “instant dividends”) by Suwon District Court E in respect of the D apartment No. 101, Dong-gu, Suwon-gu, and one parcel of land (hereinafter “instant real estate”). The Defendant Company borrowed 2.9 million won from the Defendant Company as the interest rate of 2.9 million won per annum (25% per annum) and the due date of repayment on March 15, 2016.
B. On December 15, 2015, Defendant B and F offered the instant dividends to the Defendant Company as collateral, on the date of the loan, Defendant B and F transferred and received KRW 300 million out of the instant dividends to the Defendant Company, and the Defendant Company received KRW 300 million out of the dividends. Defendant Company, Defendant B and F prepared a claim transfer and takeover contract (the instant claim transfer and takeover based on the instant contract; hereinafter referred to as “the instant claim transfer”) that contain the above contents, and notified Suwon District Court of the fact of transfer and takeover to the Suwon District Court on the same day.
C. As seen below, Defendant Company did not receive dividends in relation to KRW 150,000, out of KRW 163,813,440, which was distributed to Defendant B in the distribution procedure of the above auction case conducted on February 5, 2016.
On the other hand, on December 17, 2015, based on the authentic copy of the authentic deed against Defendant B, the Plaintiff issued a seizure and collection order against KRW 103,245,901 ( KRW 100 million loan claim and interest KRW 3,245,901 until December 15, 2015) to the Suwon District Court of Seoul Western District Court as Seoul Western District Court 2015TTT1464, and served the Suwon District Court as the same day.
(e) The Suwon District Court shall be on the grounds of competition with seizure.