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(영문) 대구지방법원 2021.02.03 2020나300358
배당이의
Text

The judgment of the first instance court is modified as follows.

(a) the Daegu District Court Branch D voluntary auction of real estate D;

Reasons

1. Basic facts

A. (1) On June 7, 2001, the Plaintiff entered into a collective security contract with the Defendant to secure the above loan amounting to KRW 270,000,000 from the Defendant, which includes the maximum amount of the loan to 351,00,000, and all the credit obligations that the Plaintiff currently and future against the Defendant (hereinafter “instant collateral security contract”). The Plaintiff entered into a collective security contract with the Defendant to cover the loan amounting to KRW 270,00,000 on June 8, 201, and the remainder of the loan amounting to KRW 243,00,000,000 after partial repayment.

2) (2) On September 11, 2002, the Plaintiff was granted a credit loan of KRW 50,000,000 from the Defendant, and on September 3, 2012, deposited the loan with KRW 47,50,000 for a long-term installment loan of KRW 47,50,000.

(3) On June 28, 2013, the Plaintiff provided an apartment house located in Gwangju-si as collateral from the Defendant to borrow KRW 26,000,000.

B. 1) The Defendant claimed the principal and interest of the loan (1) as the Defendant’s claim for delayed damages in proportion to the amount of KRW 12.9% per annum from July 17, 2017 to the date of full payment, from KRW 246,82,089, the principal and interest of the loan, and KRW 243,000,000, among them.

In addition, on July 21, 2017, the Daegu District Court rendered a motion for voluntary auction with respect to the above 20 households of the E apartment unit D (hereinafter “instant auction procedure”). 2) When the auction procedure of this case was in progress, each tenant purchased the relevant apartment unit and repaid the Plaintiff’s debt to the Defendant with the purchase price.

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