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(영문) 수원지방법원여주지원 2015.07.15 2014가단8730
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 27, 2011, a loan agreement was made on a loan transaction agreement was made on March 15, 201 and retired on March 15, 2013 and returned on May 1, 2014; A’s annual salary was KRW 24,800,000 in total; bonuses was KRW 2,670,00 in total; and monthly salary was at the time of retirement in 2013; and real estate was at least KRW 2,00,00 in total (the amount of monthly salary was at the time of retirement) from the Plaintiff (the amount was at the time of retirement in Yeonsu-gu Incheon Metropolitan City as to Article 1703 of the building B, which was owned by the Plaintiff on May 27, 201, concluded a contract to establish a mortgage on May 27, 201 and the maximum debt amount was at the time of registration and receipt of the Incheon District Court on May 1, 200, 3005 won in total;

A From October 2011, when interest on the above real estate mortgage loan was overdue, the Plaintiff applied for an auction of the real estate on February 20, 2012 upon receipt of a decision to commence the sale of real estate with the Incheon District Court C on November 27, 2012 and received dividends of KRW 43,780,041 as of August 8, 2014, the remaining amount of outstanding bonds is KRW 43,780,041.

In addition, since December 28, 2011, A did not pay interest on the above credit loans from December 28, 201, and on August 8, 2014, the interest on the loan amounting to KRW 29,353,216 (i.e., the principal amount in arrears of KRW 20,00,000,000 and the interest on attempted interest, etc.).

The Plaintiff: (a) on March 14, 2013, filed an application for provisional seizure of claims against A, with the Seoul Southern District Court 2013Kadan2524 on the payment of principal and interest on the loan claim against A as the right to be preserved; (b) on April 24, 2013, the Plaintiff filed an application with the Seoul Southern District Court 2013Kadan2524 on the same day to order the Defendant to make a statement with respect to the Defendant; and (c) on April 18, 2013, the Plaintiff retired from the Defendant on March 15, 2013 on the following day after the Plaintiff filed an application for provisional seizure of claims; and (d) on March 25, 2013, the wage and retirement allowances were paid to the Plaintiff on the settlement of accounts on March 25, 2013, and (d) on April 15, 2013.

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