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(영문) 인천지방법원부천지원 2016.01.08 2015가단17861
배당이의의소
Text

1. Of the distribution schedule prepared on July 22, 2015 with respect to the auction of the real estate B in this Court, the Defendant.

Reasons

1. Basic facts

A. On March 11, 201, the Plaintiff loaned KRW 490,00,00 to the Defendant with interest rate of KRW 7.3% per annum and interest rate of KRW 15 through 16.49% per annum (hereinafter “instant loan”). On the same day, from the Defendant, the Plaintiff was established a collateral security right (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based 4,772 square meters per annum in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, 3,187 square meters in size (hereinafter “instant land”).

B. On September 9, 2011, the Plaintiff provided a loan of KRW 300,000 to the Defendant.

(hereinafter “instant second loan”). (c)

As the Defendant did not repay the principal and interest of the instant Claim Nos. 1 and 2, the Plaintiff filed an application for the auction of real estate on the instant land with the amount of claim No. 804,370,759 won and the amount of interest of KRW 790,000 among them at the rate of 15.96% per annum from January 29, 2013 to the full payment date (the sum of the principal and interest of the instant Claim No. 1 and 2) (the sum of the principal and interest of the instant Claim No. 1 and 2) and was subject to the order of the court rendered on February 5, 2013 (hereinafter “the auction of the instant movable property”), and thereafter, was dismissed by the court on the ground that the instant part of the principal and interest of the instant Loan No. 2 from this court was not the secured claim of the instant collateral.

C. The instant real estate was sold to the Co., Ltd. at the instant auction on June 22, 2015.

On July 22, 2015, the Plaintiff submitted to the court the claim statement that the amount of the claim up to the date of distribution due to the loan No. 1 of this case is KRW 649,00,00 in total, including the principal amount of KRW 490,00,000, interest of KRW 153,692,199, expenses of KRW 5,322,215, and the recovery inquiry statement prepared by the Plaintiff, and the Defendant, who is the mortgagee of this case, the secured debt amount of KRW 638,00,000,000 in actual dividends of KRW 971,982,180, the secured debt amount of KRW 638,00,00, the secured debt amount of KRW 1532,215.

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