beta
Text
1. Of the instant lawsuits, the Cheongju District Court B regarding the auction case of real estate rent B, the said court on September 6, 2017.
Reasons
1. Basic facts
A. Between the Defendant on April 24, 2014, C borrowed KRW 200 million from the Defendant, and C entered into a loan transaction agreement with the effect that the term of the loan expires on April 24, 2016, adding 1.33% per annum to the base interest rate (the highest interest rate applied by the Defendant to the highest-class trader), and the interest rate for delay was 11% per annum where the overdue period is less than three months, 12% per annum where the overdue period is less than 6 months, and 14% per annum where the overdue period is more than 6 months (hereinafter “the foregoing overdue interest rate”), and the highest limit is 20% per annum (hereinafter “the instant loan agreement”). Defendant 20 million won (hereinafter “the instant loan”).
B. On the same day, the Plaintiff provided the Defendant with the instant loan obligation against the Defendant, as security of the instant loan obligation against the Defendant on the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage against each of the above land as the Defendant, which was the maximum debt amount of KRW 260,000,000,000,000,000 won, the obligor C, and the mortgagee as the Defendant.
C. C did not repay the instant loan by the expiration date of the lending period, and on December 2016, the Defendant filed an application for voluntary auction with the Cheongju District Court B for the enforcement of the said right to collateral security, and the auction procedure was conducted upon receiving a decision on commencement of auction.
(hereinafter “instant auction”). D.
On September 6, 2017, the Cheongju District Court distributed 283,425,966 won, which was the date of distribution of the auction case of this case, to the Defendant, who is the mortgagee, who is the right to collateral security, by applying the rate of damages for delay of 20% per annum of the principal amount of the loan of this case (54,609,760 won, which was calculated by applying the rate of damages for delay of 20% per annum of the principal amount of the loan of this case), and prepared a distribution schedule (hereinafter referred to as the “distribution schedule of this case”) that distributes surplus of 14,367,842 won to the Plaintiff, the owner.
E. The plaintiff.