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(영문) 서울남부지방법원 2016.10.27 2014가합115651

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

. In order to cancel the right to collateral security, evidence that Defendant B satisfied the secured obligation is necessary.

On March 14, 2014, the Collegiator of the Agreement between the Plaintiff (Plaintiff of real estate collateral security) and Defendant B (Plaintiff of real estate collateral security) agreed with the Plaintiff and the Defendant B as follows: (a) the purchaser of the instant share on the settlement date between H and the purchaser on March 14, 2014.

The Plaintiff, by April 30, 2014, paid KRW 390,000,00 to Defendant B by April 30, 2014, shall terminate the instant collateral security.

(A) Defendant B shall assist the Plaintiff in receiving a loan in a financial right, and the Plaintiff shall immediately pay the above money to the Defendant B when the loan occurs.

If the plaintiff does not pay KRW 390,000,000 by the above deadline, it shall be null and void without any responsibility of the defendant B.

* To prepare two copies and keep each side after signing and sealing them.

On March 18, 2014, the Plaintiff (A) and Defendant B (A) of the said Agreeds, and the Plaintiff and Defendant C of the said Agreeds, around March 2014, respectively, are stipulated as follows, Chapter II (A evidence 16 and 17; hereinafter “each of the instant agreements”).

(6) The plaintiff and the defendant C, in addition to the bottom of the above contents, shall prepare the plaintiff's seal attached to the plaintiff's name. The plaintiff and the defendant C, stated in one of the above agreements the phrase "A shall be null and void at source as there is no obligation to pay," and the defendant C signed on the next part of the agreement. One of the remaining forms shall state "No actual amount exists, and there is no obligation to pay any responsibility and debt against the above money, as it is used in the registration document."