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(영문) 광주지방법원 2015.07.24 2015나2511
배당이의
Text

1. Of the judgment of the court of first instance, the part against the plaintiff in the judgment is modified as follows:

Gwangju District Court Netcheon support C.

Reasons

1. Basic facts

A. On March 25, 2002, the Plaintiff lent 10 million won to D on March 25, 2002 at the final repayment date, on March 25, 2015, at the interest rate of 9.5% per annum, and at the rate of 18% per annum. On June 4, 2002, the Plaintiff lent 10 million won per annum to D on June 4, 2002, at the rate of 18% per annum.

On May 10, 2010, the Plaintiff entered into a credit card use agreement with D on May 10, 2010, and agreed to settle the credit card use price with the passbook opened by D for payment on the 10th of each month in accordance with the standards set by the Plaintiff.

B. Around June 9, 2014, the Plaintiff filed an application with the Gwangju District Court for a payment order seeking loans and credit card use fees of KRW 31,085,219 with respect to D, the Plaintiff, who did not pay the principal and interest of the agreement and did not pay credit card use fees, and the said payment order was issued by the said court to order the payment of the said amount. This order was finalized on June 27, 2014.

C. Meanwhile, on February 18, 2014, the procedure for compulsory auction (hereinafter “instant procedure for compulsory auction”) was initiated on February 18, 2014 with respect to each real estate listed in the separate sheet owned by D (hereinafter “instant real estate”). D.

At the time of the commencement of the procedure for compulsory auction of this case, the real estate in this case was set up a collateral security right of KRW 42,000,000 with the maximum debt amount of the National Agricultural Cooperative Federation No. 31759, Aug. 12, 1999.

On March 31, 2014, the Jeonnam Credit Guarantee Foundation received the provisional attachment order under the Gwangju District Court 2014Kadan597, and the Plaintiff received the provisional attachment order under the Gwangju District Court 2014Kadan687, Apr. 14, 2014.

E. During the instant compulsory auction procedure, Gwangju District Court’s net support was established by dividing the Plaintiff’s National Agricultural Cooperative Federation on October 21, 2014, following the date of distribution.

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