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(영문) 부산지방법원 2015.03.11 2014가합7943
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 24, 2010, the Plaintiff and Doang Construction Co., Ltd.: (a) signed a notarial deed on December 24, 2010 between the Plaintiff and Doang Construction Co., Ltd. (hereinafter “Doang Construction”), whereby a notary public would repay the Plaintiff’s total amount of loans 1,006,464,140 won until January 17, 2011; (b) interest shall be paid at the rate of 30% per annum, and if the said obligation is not performed, no objection shall be raised immediately even if compulsory execution is performed; (c) on March 30, 2012, the notarial deed was signed between Doang Construction Co., Ltd. and Doang Construction Co., Ltd. (hereinafter “Doang Construction”) and Doang Construction Co., Ltd., Ltd. (hereinafter “Doang Construction”) and the Defendant’s joint and several liability development joint and several liability joint and several liability Defendant No. 130,557, 2013.

B. On January 16, 2012, the Defendant drafted a notarial deed of a monetary loan agreement with the Defendant for consumption (hereinafter “notarial deed of this case”) stating that “The Defendant shall pay 800 million won borrowed from the Defendant until July 16, 2012, and shall pay damages for delay calculated at the rate of 30% per annum if the repayment is delayed. If the Defendant fails to perform the above obligation, he/she shall have no objection even if he/she is immediately subject to compulsory execution” (hereinafter “notarial deed of this case”).

C. 1 The Defendant delayed the compulsory auction decision and the preparation of the distribution schedule, and the Defendant applied for a compulsory auction on the real estate owned by E.S. upon the original copy of the instant notarial deed, and filed an application for a compulsory auction on the real estate owned by E.S., and the Busan District Court C on the said real estate

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