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(영문) 서울서부지방법원 2018.05.16 2017가단218706
배당이의
Text

1. The Seoul Western District Court C’s distribution schedule prepared on June 9, 2017 with respect to the case of the voluntary auction of real estate.

Reasons

1. Determination as to the cause of claim

A. 1) On March 5, 2009, the new bank extended a loan of KRW 98,000,000 to D on the following terms (hereinafter “instant loan”); and accordingly, the new bank extended a loan of KRW 98,000 to D on the following terms:

(B) On March 5, 2009, No. 602 of Yongsan-gu Seoul Metropolitan Government E-building No. 602 (hereinafter referred to as "the real estate of this case") owned by D as security.

As to the registration of creation of a mortgage (hereinafter referred to as the “mortgage”) with respect to the maximum debt amount of 1,176,000,000, the “mortgage” refers to the instant collateral security.

(A) The loan period: (a) the interest rate on loans until March 5, 2012: CD91 + 2.7% per annum) the interest rate on loans and the interest rate on delay shall be calculated as follows:

(i)one year and three hundred and sixty-five days, and shall be calculated on a daily basis.

The loan interest rate shall be 16% per annum plus 9% of the overdue interest rate, and the highest 21% per annum shall apply.

Provided, That where the loan rate exceeds the highest delay rate, 2% of the loan interest rate shall be added.

Article 22-2(1) of the Act shall apply in addition to 0% within one month in arrears, 1% in case of more than one month, and 2% in case of more than three months.

2) D delayed repayment of the instant loan obligation. On May 7, 2014, the new bank applied for a voluntary auction on the instant real estate on April 13, 2015, but withdrawn the auction on April 13, 2015. At the time of application, the balance of the loan was KRW 667,934,419, and interest and delay damages were KRW 303,587,574, totaling KRW 35,653,155, and thereafter, on April 13, 2015, the new bank transferred the instant loan claim to USBBS Specialized Limited Company, and USBP Specialized Limited Company transferred the instant loan claim to F. The F applied for a voluntary auction on the instant real estate based on the instant collateral security, and received a voluntary auction decision to commence the auction on November 27, 2015 (Seoul District Court: hereinafter “Seoul District Court”).

F. The Korea Investment Savings Bank (hereinafter “Korea Investment Savings Bank”) on December 17, 2015.

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