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(영문) 인천지방법원 부천지원 2017.02.03 2015가합1535
배당이의의소
Text

1. It was drawn up by the above court on May 27, 2015 with respect to the auction case of real estate deposit C with the Incheon District Court Busan District Court.

Reasons

1. Basic facts

A. On June 25, 2010, the Defendant lent KRW 30,000,000 to the Plaintiff on June 25, 2010, with the period of repayment fixed as 2.5% per interest and June 25, 201.

B. On September 30, 2010, the Plaintiff prepared a loan certificate and a promissory note issued 1) on September 30, 2010 with the purport that the Plaintiff borrowed KRW 30,000,000 from the Defendant on October 1, 201, with the maturity of payment fixed on and on October 1, 201, and D signed and sealed the said loan certificate as the guarantor. 2) On September 30, 2010, the Plaintiff issued and delivered a promissory note to the Defendant as of September 30, 201 with the face value of KRW 30,000,000 and the due date of payment as of October 1, 2011.

C. On September 20, 201, the Plaintiff, on September 20, 201, drafted a loan certificate and set up a collateral security (1) with the Defendant on September 20, 201, that the Plaintiff borrowed KRW 220,000,000 from the Defendant on September 20, 201, the Plaintiff drafted a loan certificate (No. 3) with the Defendant on September 20, 2012. (2) On September 20, 2011, the Plaintiff delegated D with the authority to set up a collateral security right on the forest E. 13,488 square meters (hereinafter “the forest of this case”) owned by the Plaintiff to secure the obligation to borrow loans owed by the Defendant until September 20, 201. On the same day, D concluded a collateral security contract with the Defendant on behalf of the Plaintiff on September 26, 2011 with respect to the forest of this case with the maximum debt amount of KRW 250,000,000.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) D.

On November 7, 2011, the Plaintiff drafted a certificate of borrowing (No. 4) stating that the Plaintiff borrowed KRW 30,000,000 from the Defendant on November 7, 2011.

E. On April 29, 2012, the Defendant lent KRW 30,000,00 to the Plaintiff on April 29, 2012, and on the same day D and its wife guaranteed the above loan obligations.

F. On June 8, 2012, the Plaintiff borrowed KRW 30,000,00 from the Defendant on June 8, 2012, the Plaintiff borrowed from the Defendant as of September 8, 2012.

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