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(영문) 서울중앙지방법원 2015.01.16 2014가합505456

손해배상청구의 소

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1. Defendant Gyeonggi-do’s Family shall pay to the Plaintiff KRW 450,000,000 as well as to the Plaintiff from October 13, 2012 until January 16, 2015.

Reasons

1. Circumstances leading to the dispute of this case;

A. On September 2008, the Plaintiff entered into an oil supply contract with Jinjin Petroleum Co., Ltd. (hereinafter “Oink Korea”) and supplied oil to Oink Korea, and continued to enter into an oil supply contract by modifying the part of the oil supply contract.

The Plaintiff is provided with a security from us to supply the oil on credit each month within the limit of credit equivalent to the security value. If us did not provide a security in the event of delinquency for not less than one month even if part of the amount of the oil is paid, the Plaintiff agreed with us to suspend the transaction of credit. Accordingly, on October 28, 2008, us created a right to collateral security on the land in the case of Danbuk-gun for credit transaction to the Plaintiff on August 28, 2008, and set up five collateral security by August 14, 2012.

B. However, on September 2012, the Republic of Korea delayed part of the oil price for at least one month, and the Plaintiff, pursuant to an agreement that the transaction of credit would be suspended without providing any additional security, suspended the transaction of credit with the Republic of Korea from October 2012, and supplied oil to the Republic of Korea after receiving the oil price first from the Republic of Korea.

On October 5, 2012, Ori Korea completed the registration of creation of a neighboring mortgage (hereinafter “registration of this case”) with respect to the land of Pyeongtaek-si B 27,047 square meters (hereinafter “instant land”) owned A on October 5, 2012 (hereinafter “instant land”), which was received on October 5, 2012 from the Suwon District Court, KRW 51800, the debtor case Korea, the maximum debt amount of KRW 3,000,000,000, and the right to collateral security (hereinafter “instant registration”). Accordingly, the Plaintiff supplied Ori Korea with oil equivalent to KRW 3,524,648,371, total sum from October 5, 2012 to October 13, 2012.

C. However, the registration of this case is completed as follows.

1 C, etc.