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(영문) 대전지방법원천안지원 2019.02.12 2018가단2604
청구이의
Text

1. The Defendant’s decision on performance recommendation made on February 19, 2018 by the Daejeon District Court Branch of Daejeon District Court for the Plaintiff was based on the decision on performance recommendation made on February 19, 2018.

Reasons

1. Basic facts

A. On June 5, 2013, the Plaintiff entered into a monetary loan agreement with the network with a view to setting the maximum debt amount of 30 million won as the rate of interest per month (the fourth day of each month on the payment date of interest) and 20 million won per month (the fourth day of each month on the payment date of interest), setting the maturity of payment as the rate of interest and the rate of delay, and the period of repayment as the rate of December 31, 2013. The Plaintiff entered into a mortgage loan agreement with a view to setting the maximum debt amount of 39 million won as the maximum debt amount for the security of the said loan claim.

On the same day, the Plaintiff determined 30 million won as interest rate of 2% per month (the fourth day of each month on the payment date of interest), and entered into a monetary loan agreement with the terms of lending set as of December 31, 2013, and entered into a mortgage agreement setting forth a maximum debt amount of 39 million won as to the real estate stated in the attached Table No. 2 for the security of the above loan claim.

On June 5, 2013, the Plaintiff paid 57.6 million won after deducting 2.4 million won (i.e., 60 million won x 2% x 2 months) from the total amount of the above loans to the network D on June 5, 2013. Pursuant to each of the above contracts establishing a right to collateral security with the maximum debt amount of 39 million won as to each of the real estate listed in the separate sheet according to each of the above contracts establishing a right to collateral security.

On the other hand, the network D paid 6.8 million won among the above 57.6 million won on the same day to E.

B. On June 5, 2013, as of June 5, 2013, the networks issued a written statement to the Defendant on June 5, 2013, that: (a) part of the above 60 million won, which borrowed each real estate listed in the separate sheet as collateral, was used by the network D; and (b) the network paid the interest thereof; and (c) the right to purchase and sell each of the above real estate and the right to receive the purchase and sale price belongs to the Defendant.

C. The Plaintiff’s sales and distribution of each real estate listed in the separate sheet is a loan claim against the network D.

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