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(영문) 대전지방법원 2018.03.28 2017나107092
배당이의
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. D lends KRW 300 million to E on March 15, 2004, and the recipient obtained the loan certificate (No. 2, the loan amount of KRW 300 million, and the due date of repayment of the loan amount of June 30, 2004) written in D from E, and completed the registration of the establishment of a neighboring mortgage as the mortgagee D with respect to one-half of the maximum debt amount of the E-owner of Sejong Special Self-Governing City on June 18, 2004 (hereinafter “instant real estate”).

At the time D had no money, it received a total of KRW 170 million from the defendant I, who was her natives, and KRW 130 million from the defendant I, who was her natives, and lent it to E.

B. D on July 29, 2004, returned KRW 150 million out of KRW 300 million from E, and deposited it to the Defendant.

(E) On November 22, 2005, E paid the interest equivalent to KRW 500,000 per month to the I account for the remaining principal amount of KRW 50,000,000 after directly depositing KRW 100,000 to the I on November 22, 2005.

C. The Defendant asked D to lend money from D on April 6, 2007, and transferred total of KRW 100 million (hereinafter “instant loan”) to E’s account four times on April 6, 2007, and through D, received E’s certificate of borrowing (No. 1, loan amount of KRW 100 million, interest rate of KRW 12%) that the recipient became the Defendant. In order to secure the instant loan claim, D was delegated to D, and completed the registration of creation of a collateral security right (hereinafter “instant collateral security right”) with respect to the 1/4 share, which is owned by E, out of the instant real estate on April 10, 207.

E, until May 15, 2008, deposited the principal amount of KRW 70 million and interest up to that time among the instant loans to the Defendant’s account.

E. Since May 16, 2008, E did not pay interest on the remainder of the loan of this case to the Defendant, the Defendant notified D of the overdue interest payment and desired repayment of the principal.

D. Accordingly, D.

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