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(영문) 광주지방법원 2019.11.22 2019가단513179
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 28, 2012, the Plaintiff filed a claim for reimbursement against D as Seoul Central District Court Decision 201Da409321, and on February 28, 2012, the judgment below rendered that “D shall pay to the Plaintiff 120,748,919 won and 3,601,017 won among them, 15% per annum from January 1, 2011 to November 22, 2011, 116,411,223 won, 5% per annum from December 8, 2010 to November 22, 2011, and 20% per annum from the next day to the date of full payment.” The judgment below became final and conclusive around that time.

B. The Defendant, as his father, subrogated for KRW 71,356,620 on October 11, 2018, on the ground that D was subrogated for KRW 71,356,620 on the debt, etc. borne by the E Bank as shown in the attached Table, as indicated in the attached Table, was served on the Defendant at the rate of KRW 71,356,62,530 on April 6, 2010 for KRW 5,390,000 from January 31, 201; KRW 4,894,090 from September 18, 2012 to KRW 9,000 from July 2, 2012; KRW 10,000,000 from October 10 to 205; KRW 10,000 from May 27, 2016 to KRW 5,00 from 0,000 per annum; and KRW 105,017.

C. On November 16, 2018, the Plaintiff filed an application for a compulsory auction of real estate with the Gwangju District Court C with respect to F land and above ground buildings owned by D, and on November 16, 2018, the auction procedure was conducted according to the decision to commence the auction of the said court (hereinafter “instant auction court”). D.

The instant real estate was sold to G on March 28, 2019, and the instant auction court opened a date of distribution on April 23, 2019 (hereinafter referred to as “date of distribution”).

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