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(영문) 대전지방법원 2016.08.10 2015가합107032
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. Defendant and F, etc. Loan Agreement 1) The Plaintiff’s business purpose is real estate development business and consulting business. On May 8, 2012, the Plaintiff changed the trade name from “stock company G to “stock company A” from “stock company.” At the time of entering into the loan agreement of this case as seen below, F is a person who actually runs the Plaintiff Company at the time of entering into the loan agreement of this case, and H (hereinafter “H”).

F) The F is another company involved (hereinafter referred to as “F, etc.” in combination with F and H)

(2) The Defendant borrowed F, etc. totaling KRW 3,300,000,000 on two occasions between October 17, 2011 and December 29, 2011, as indicated below (attached Table 1).

(1) The Plaintiff’s testimony at the time of the loan contract for consumption is insufficient to recognize only the witness F’s testimony, and there is no other evidence to acknowledge otherwise). The first loan agreement for consumption between the Plaintiff and the Defendant’s interest rate of KRW 100,00,000 out of the principal at the time of the loan for consumption was entered into. Meanwhile, the Plaintiff asserted that the Defendant would have brought KRW 200,000 out of the principal at the time of the loan for consumption, but the Plaintiff’s testimony at the time of the second loan for consumption is insufficient to acknowledge it. The amount of the loan is set at the sequence 17, 100,000,00 H interest rate of KRW 12% per annum, including the debtor’s interest rate on the date of the loan, and 30% per annum per annum, and the repayment delay rate of KRW 29,200,000,000 per annum on December 16, 2011.

B. 1) In order to secure a payment obligation of KRW 3,300,000 as principal on December 30, 201, the Plaintiff secured a real estate indicated in [Attachment 1 to 9] real estate indicated in [Attachment 1] owned by the Plaintiff (hereinafter “instant real estate”).

As to the Defendant, the establishment registration of a neighboring mortgage with maximum debt amount of KRW 3,300,00,000 was completed in the future (hereinafter referred to as “first secured mortgage”).

(2) As F et al. failed to fully repay the principal and interest, the Defendant filed an application for voluntary auction on October 10, 2012 with I of this Court for the instant real estate on the same day.

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