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(영문) 의정부지방법원 2019.01.29 2018가단120124
대여금
Text

1. The Defendant’s KRW 86,210,027 as well as 6% per annum from July 17, 2018 to January 29, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. C Partnership extended KRW 230,000,000 to the Defendant on December 28, 2012.

B. The Plaintiff acquired the above bonds from C.C. with the company engaging in the bond collection business.

The right to collateral security of KRW 299,00,000 was established on the land of the mortgagee C Association and the maximum debt amount of KRW 299,00,00 with respect to the land of 430 square meters, which was owned by the Defendant, but the Plaintiff transferred the said right to collateral security in the name of the Plaintiff on June 30, 2017 when the Plaintiff

On the same day, the Plaintiff received a loan of KRW 184,00,000 from E, and completed the pledge right of KRW 299,00,000 as to the above-mortgage, the creditor E, the debtor, and the claim amount of KRW 299,00.

C. At the request of the Plaintiff, the voluntary auction procedure was conducted on the Defendant’s real estate (F). In that procedure, the Plaintiff submitted a pledgee’s preferential dividend agreement to the effect that “The pledgee E Bank, which is subject to the right to collateral security, receives dividends in preference to the Plaintiff.”

Accordingly, the distribution schedule was prepared on July 16, 2018, and E received dividends of KRW 184,458,739 in the first order on the basis of the right to collateral security (right to collateral security) and KRW 10,67,315 in the second order.

【Ground for Recognition: Each entry in Gap's evidence 1, 5, and 6 through 9, without a dispute

2. Determination on the cause of the claim

A. The Plaintiff’s assertion sought payment of KRW 86,210,027 of the principal and interest not recovered and KRW 870,500 of the enforcement cost after the said distribution procedure.

B. On June 15, 2018, the Defendant stated in the written objection for the order of payment dated June 15, 2018 that “The Defendant raised an objection against the pending auction procedure because the accurate basis for calculation of the amount of the claim in this case is unclear.” This stated above.

According to the statement of evidence No. 6 of F E C [A evidence No. 6 6- Distribution Schedule] 1, 199,106,756 won was determined through the above compulsory execution procedure as the amount to be distributed. The amount of double sale price interest of KRW 16,756, and enforcement cost of KRW 3,880,702 is limited to KRW 195,136.

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