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(영문) 대전지방법원천안지원 2014.02.18 2013가합2439
배당이의
Text

1. The document prepared on May 22, 2013 by the same court with respect to the case of a voluntary auction of D real estate in the Daejeon District Court Branch.

Reasons

Basic Facts

Plaintiff

On October 2, 1997, claims E against Non-Party E was granted a loan of KRW 1.3 billion from the Non-Party Korea Development Bank, and lost its benefit due to its failure to repay the principal and interest of the loan. On July 21, 200, the Korea Development Bank transferred the principal and interest of the loan to ELS KND VV Investmentcom to E on July 28, 200, and notified E of its transfer to ELS, and the KND AD AD SN SV Investmentcom transferred the above claims to the Plaintiff on December 12, 2003 and notified E on June 21, 2005.

Plaintiff

On April 27, 2007, the company filed a lawsuit against E, etc. for the claim for the amount of acquisition by transfer from the Seoul Central District Court 2006Gahap9185 and rendered a judgment on April 27, 2007 that "E, etc. shall pay to the Plaintiff 2,489,913,787 won and 1,240,911,183 won among them, 18% per annum from July 22, 2006 to March 14, 2007; and 20% per annum from the next day to the day of full payment." The above judgment was finalized on May 15, 2007.

Plaintiff

On December 21, 2003, Plaintiff A applied for payment order under the Daejeon District Court Decision 2012j2117, Jun. 4, 2012, Plaintiff A’s claim against E with a fixed interest rate of KRW 300 million on a 24% per annum. On June 5, 2012, Plaintiff A was ordered to pay the amount of KRW 908,852,400 and KRW 300,000,00 per annum from June 5, 2012 to the date of full payment. The above payment order was finalized on June 27, 2012.

E and the Defendant’s act of preparing a loan certificate and establishing collateral security (hereinafter “instant real estate”) owned a size of 1,415 square meters (hereinafter “instant real estate”). However, around October 24, 1998, the Defendants and the Defendants borrowed KRW 2 billion from the Defendants as of October 24, 2000.

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