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(영문) 광주고등법원 2016.01.13 2014나13197
양수금
Text

1. Each of the plaintiffs' appeals is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant’s monetary loan 1) D is a stock company E (hereinafter “E”) that became aware of as a result of the introduction by a branch around January 201, 201.

D) A request was made by F to lend KRW 6 billion from the actual representative of F. D, which had no means to raise funds, was changed to the current trade name on August 30, 2013 by the Defendant (G Co., Ltd. at the time, but was changed to the current name on August 30, 2013.

(2) On January 14, 2011, the Defendant introduced and lent 6 billion won to H, the former representative director, at 18% per annum. On the same day, the Defendant completed the registration of the establishment of a neighboring mortgage in the name of the Defendant under the name of the debtor E, with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by Dadong, F, and I as the secured debt.

(B) The right to collateral security established by the registration of the establishment of a neighboring mortgage (hereinafter referred to as the "mortgage of this case").

The Defendant paid KRW 3 billion to the Defendant on March 10, 201. (2) On June 9, 2011, the Defendant completed the registration of change of the right to collateral security (hereinafter “registration of change of the right to collateral security”) by changing the maximum debt amount of the instant case to KRW 3.3 billion by the Daegu District Court No. 37751, Jun. 9, 201.

3) On January 26, 2012, the Defendant applied for a voluntary auction on each of the instant real estate based on the instant collateral security (Tgugu District Court Kimcheon Branch N). On the same day, the said court rendered a voluntary decision to commence the auction on each of the instant real estate on the same day. 4) In the above auction procedure, each of the instant real estate was sold to a third party, and the Defendant received a distribution of KRW 3.3 billion as a mortgagee.

C. D’s objection against the remittance of KRW 3 billion and the decision to commence voluntary auction is KRW 3 billion in total to the Defendant on March 10, 2011; March 15, 2011; and April 7, 2011.

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