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(영문) 서울남부지방법원 2019.05.23 2017가단229981
배당이의
Text

1. The Seoul Southern District Court prepared on June 22, 2017 with respect to the case of a voluntary auction of real estate B.

Reasons

1. Basic facts

A. On October 21, 2002, Nonparty C completed the registration of the establishment of a neighboring neighborhood living facilities building No. 501 (hereinafter “instant building”) located in Yangcheon-gu Seoul Metropolitan Government with a view to securing the present and future debts owed to Nonparty C (hereinafter “D”) on October 21, 2002, the maximum debt amount was 311,320,100,000.

After that, the ownership of the instant building was transferred to Nonparty F, and the debtor of the said establishment registration was also changed to F by the acquisition of the contract dated April 17, 2009.

B. On October 12, 2015, D loaned 150,000,000 UN to F as security the said collateral to F, and the credit transaction agreement drafted at the time includes the following:

Credit Transaction Agreements (for enterprises)

3. Amount of credit: 10,000,000 Won per Japanese legal tender.

4. Credit period - The date when the credit expires on October 28, 2015: 3.78% of the base interest rate (limited to the annual interest rate for raising foreign currency funds) on January 5, 2016.

6. Damages for delay rate for less than three months - Interest rate for less than 7% - at least three months: Interest rate for loans 8% - highest damages for delay: 15%;

7. Except as otherwise provided for in the calculation method of interest and damages for delay, it shall be calculated on a daily basis as 365 days (366 days in a leap year).

13.The interest for the timing and method of payment of the interest shall be paid within three months from the date of the extension of the credit, and the interest thereafter shall be paid within three months from the date following the last day of the calculation of the interest paid.

C. F, on January 5, 2016, filed an application for a voluntary auction of real estate property with respect to the instant building with the instant court on August 31, 2016, in order for F to pay only interest on the said loan obligations and not to repay the remainder of principal and interest obligations.

D The claim amount under the above application(hereinafter referred to as “instant application”) is written as the “amount of interest in arrears at the rate of 15 percent per annum from August 29, 2016 to the date of full payment of 1,867,248,563 won and 1,752,408,000 won, among these amounts.

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