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1. The Defendant stated the “amount of settlement” stated in attached Table 4 in attached Table 4 to Plaintiffs B, C, D, E, F, G, H, J, K, S, L, M, N, P, Q, Q, and R.
Reasons
Facts of recognition
On June 17, 2002, the non-party U opened the construction of X-melel with the size of the first floor and the seventh floor above the ground from that time after purchasing V and W land in Gangnam-gun, Gangnam-do (hereinafter “instant telecom”).
U, either directly or through a contract, performed the construction of the instant franchise, completed the basic external appearance of the instant franchise, and subsequently, completed the construction of the instant franchise by entering into a contract to the construction business operator for the remainder of each part, and completed the registration of initial ownership of the instant franchise on August 13, 2003.
U On December 4, 2003, after completing the registration of creation of a mortgage with respect to the instant telecom and its site, the maximum debt amount of 1,430,000,000 won and the right to collateral security interest of 1,10,000,000 won from the above Heungung Agricultural Cooperative on December 5, 2003, the interest rate of 7.2% per annum and the due date of repayment of 7.5 December 2005.
He did not pay at all the interest agreed upon to make monthly payments for the above loan even after having received the above loan. As to the instant telecom and its site, he filed an application for voluntary auction based on the right to collateral security, and on April 10, 2004, the decision of voluntary auction was rendered on the instant telecom and its site to Gwangju District Court YY on April 10, 2004.
Accordingly, on or around May 2004, 41 creditors, including the Defendant, who did not receive the construction cost, goods price, etc. from U (the total amount of claims 1,363,734,000) were organized for the collection of claims. The Defendant was appointed as the representative of the claim group and was delegated by the said creditors to recover the claims relating to the Maur Construction Corporation against U.S.
In the above auction procedure on June 16, 2004, the defendant 821,730,000 won on behalf of 21 of the obligees constituting the above claim group among the obligees constituting the above claim group.