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(영문) 서울북부지방법원 2018.07.05 2017나40601
배당이의
Text

1. The judgment of the court of first instance is modified as follows.

2. Of the instant lawsuit, KRW 46,605,314 of the Plaintiff’s objection to the distribution is against the Plaintiff.

Reasons

1. Basic facts

A. C and the Defendant have been granted loans more than three times as indicated below (hereinafter “loans 1, 2, and 3”) by the Defendant as follows (hereinafter “Loans 1, 2, and 3”)

(2) On April 28, 2014, the date when the extension of credit interest rate for the subjects of temporary loan expires, on April 28, 2014, the debtor entered into a mortgage agreement with the defendant as to each real estate listed in the separate list owned by him/her (hereinafter “the instant real estate agreement”) as of May 15, 2014 (hereinafter “the date when the debtor entered into a mortgage agreement”) on May 15, 2014, with the limited amount of debt (hereinafter “the instant real estate agreement”) 50 million won as of May 15, 2014, the fixed interest rate of 50 million won loans for small and medium enterprises, 4.65% as of May 14, 2015 (hereinafter “the fixed interest rate of 50 million won loans for small and medium enterprises”) as of May 15, 2014.

B. On August 12, 2014, the Plaintiff created the right to collateral security between C and the Plaintiff completed the establishment registration of the right to collateral security of the instant real estate with the Seoul Northern District Court’s Dongdaemun District Court’s receipt of the same date, as “C and the maximum debt amount KRW 250 million,” under Article 57065.

C. Voluntary auction and distribution of the instant real estate 1) On April 5, 2016, upon the Plaintiff’s request, who is a mortgagee, the procedure for the auction of real estate (hereinafter “instant auction procedure”) to Seoul Northern District Court B on April 5, 2016.

(2) On January 12, 2017, the Defendant started to provide the principal of the loans KRW 770,57,962 plus the principal of the loans KRW 199,986,014 and interest KRW 8,529,413 and interest KRW 15,457,121 and KRW 3.

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