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(영문) 의정부지방법원고양지원 2013.11.01 2013가단24491
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On October 12, 2009, the Plaintiff entered into a loan transaction agreement, etc. (1) with the Defendant on October 12, 2009, the loan amount of KRW 120,000,000, the expiration date of the loan period shall be October 12, 2014; and the interest rate shall be the loan transaction agreement (hereinafter “instant loan transaction agreement”).

(2) At the time of the instant loan transaction agreement, the Plaintiff approved that the credit transaction basic terms and conditions of community credit cooperatives (hereinafter “instant terms and conditions”) apply at the time of the instant loan transaction agreement, and Article 7 of the instant terms and conditions provide the following:

Article 7 (Obligation to Pay Obligations before Due Date) (1) In any of the following cases, if a debtor falls under any of the following cases, the debtor is obligated to pay him/her all obligations to the community credit cooperatives, as a matter of course, even though there is no demand notice from the community credit cooperatives:

1. (Omission)

2. When a seizure order is issued or a notice of a disposition on default is sent to the secured property provided by the debtor (excluding the claims against art, installment savings, and other community credit cooperatives under subparagraph 1), or when compulsory execution or a disposition on default commences by any other means;

4. (Omission) (2) Where any of the following events occurs with respect to a debtor, the debtor shall naturally lose the benefit of the time limit and shall complete the payment of such obligation:

However, a community credit cooperative shall notify the obligor of the fact that the following obligation is delayed and the benefit arising therefrom is lost by not later than three business days prior to the date of loss of the benefit due, and if it is not notified by not later than three business days prior to the date of loss of the benefit due, the obligor shall be obligated to pay the due amount by losing the benefit due at the expiration of three business days from the date of actual notification:

1. When interest is delayed for one month from the time when interest is to be paid;

2. (Omission) (3) and (5).

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