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(영문) 인천지방법원부천지원 2017.08.22 2016가단107532
배당이의
Text

1. Defendant among the distribution schedule prepared on May 20, 2016 with respect to the voluntary auction of D real estate by Busan District Court Branch D.

Reasons

1. Basic facts

A. On August 30, 2013, the Dongjak Credit Cooperative’s loan claims and Defendant B’s credit acquisition (1) F made an annual interest rate of KRW 1.8 billion from the Dongjak Credit Cooperative (12-month change rate), August 30, 2016 on the expiration date of the loan; the overdue interest rate of KRW 11% for not more than 30 days; KRW 13% for not less than 30 days but not more than 90 days; and KRW 15% for more than 90 days (hereinafter “E”); and the E Co., Ltd. (hereinafter “E”) made a joint and several guarantee to secure this; KRW 303-1 through 303-30 (hereinafter “instant goods”); and KRW 301-1 through 301-26 (hereinafter “instant goods”); and KRW 300,300,300,301-30,000 (hereinafter “the instant goods”).

(2) On March 31, 2015, Defendant B acquired the above principal and interest claim of loans, joint and several surety claims, and collateral security claims of the Dongjak Credit Cooperative with respect to F in terms of KRW 1,8770,000,000,000,000 for down payment. Defendant B entered into an agreement on credit acquisition with the effect that the remainder KRW 1.683 billion shall be paid in April 10, 2015, and the Dongjak Credit Union notified F of the above assignment of claims on April 10, 2015.

(3) On April 10, 2015, the Dongjak Credit Union entered into a pledge agreement with Defendant B on April 10, 2015 with respect to the right to collateral security transferred between Defendant B and Defendant B in order to secure the payment of the remainder of the credit transfer amount, and completed the registration of the pledge agreement with regard to the right to collateral security transferred between Defendant B and Defendant B.

B. On July 27, 2013, E and I invested KRW 300 million between E and Defendant C, and three months thereafter.

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