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(영문) 청주지방법원 2018.02.02 2017가합203401
배당이의
Text

1.(a)

On April 1, 2016, it was concluded between the defendant and B with respect to each real estate listed in the separate sheet.

Reasons

1. The Plaintiff entered into a loan agreement with D Co., Ltd. (hereinafter “D”) as described below (hereinafter “instant loan agreement”).

D’s representative director B, at the time of the instant loan agreement, jointly and severally guaranteed the indemnity obligation that D bears to the Plaintiff pursuant to the instant loan agreement.

Serial 1D 1D 1D 4.41% per annum on April 11, 2013 at the overdue interest rate of the loan subject (cost) loan interest rate of the debtor on the date of concluding the contract, 12.79% per annum on March 11, 2013, 12.79% per annum on small-certified specialization funds, 2D 3 years repayment on March 27, 2014 on March 27, 2014, 12.69% per annum 3.69% per annum on March 200, 3D 3D 100,000 business conversion funds on November 20, 200, 41% per annum 12% per annum on April 41, 200, 2000, 2 years installment repayment D 2 years 292,626,604 won as of January 31, 2017.

On April 1, 2016, B concluded a mortgage agreement (hereinafter “mortgage agreement of this case”) between the Defendant and the debtor B, the mortgagee, the Defendant, and the maximum debt amount of 200,000,000 as joint collateral with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) as joint collateral. On April 1, 2016, B concluded a mortgage agreement of this case with the Defendant, and completed the registration of the establishment of the neighboring mortgage (hereinafter “instant collateral security agreement”) on April 1, 2016 by the Cheongju District Court No. 37654.

② At the time of establishing the instant mortgage contract, B owned the instant real estate as the only property at the time of the instant contract, and the small property was in excess of the positive property.

Applicant, including the progress of the voluntary auction procedure, ① Geumcheon Saemaul Depository applied for a voluntary auction on the instant real estate and received a decision to voluntarily commence the auction on May 27, 2016.

The instant real estate was sold on December 23, 2016, and the instant mortgage was cancelled.

(2) A court of execution shall pay 104,709,056 won out of 521,188,859 won to be actually distributed on February 2, 2017.

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