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(영문) 울산지방법원 2016.02.12 2014가단28267

손해배상(기)

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 April 29, 201, the Defendant agreed with the Defendant to take over the debt KRW 200 million against the Defendant of Spans Co., Ltd., and to borrow KRW 250 million from the Defendant (hereinafter “the instant loan”). On the other hand, the said C agreed to set up and set up a collateral security right with regard to the entire land and buildings outside Ulsan-gun, Ulsan-gun, and the entire land and buildings outside of Ulsan-gun, the maximum debt amount of KRW 450 million for the entire land and buildings outside of Ulsan-gun, the Defendant agreed to set up a collateral security right with regard to the entire land and buildings outside of Ulsan-gun, the maximum debt amount of KRW 450 million.

(2) At the time of the above contract, the above C prepared and delivered a loan certificate to the Defendant, and the loan certificate bears the name and seal impression affixed to the Plaintiff and F as joint and several sureties, and the Plaintiff and F’s seal impression was affixed thereto.

B. On December 21, 201, the Defendant filed an application for provisional attachment against the Plaintiff’s land and buildings owned by the Plaintiff, Ulsan-gu G with the amount of claim KRW 200 million, with the Ulsan-gu District Court 201Kahap1031 on December 21, 201. On February 2, 2012, the provisional attachment order was issued by the said court. On March 19, 2012, the Defendant filed a lawsuit against the Plaintiff, the said C, and F for a loan claim against the Plaintiff, the Ulsan-gu District Court 201Kahap161 on March 19, 2012.

(2) On April 10, 2013, the Plaintiff and the Defendant agreed to transfer the Plaintiff’s 1/2 share of H 1071m2 (hereinafter “instant share of land”) among the Plaintiff’s 1071m2 (hereinafter “instant share of land”), which was owned by the Plaintiff on April 10, 2013, and to cancel the execution of provisional attachment on the land and buildings on the land of Ulsan-gu G and its ground.

(hereinafter. (3) Pursuant to the instant agreement, the Plaintiff received machines, such as gender support from the Daegu District Court on April 11, 2013, with respect to the share of the instant land owned by the Plaintiff to I, who is the Defendant, on April 11, 2013.