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(영문) 춘천지방법원강릉지원 2013.10.17 2012가합887

양수금 등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. C is the owner and representative director of Company D who operated gas and gas filling stations through D as the owner and representative director.

C On January 25, 2003, the Defendant completed the registration of establishment of a mortgage over the maximum debt amount of KRW 1,300,000,000 with respect to E’s gas station site and its ground gas station building (hereinafter “instant gas station”). On January 25, 200, the Defendant borrowed money several times from the Defendant for the gas station business in the instant gas station.

B. However, C defaulted on September 1, 2003, and the auction procedure of this Court F with respect to the gas station of this case was in progress. At the time of the default, C’s loan obligations against the Defendant were KRW 1,309,764,080.

C. In order to continue to operate the gas station of this case even after the default, C agreed to complete the registration of transfer of ownership with respect to the gas station of this case (hereinafter “instant agreement”) in the above auction procedure by taking part of the bid price, registration tax, and incidental expenses, while C bears all of its obligations to the Defendant, and if C fully pays its obligations to the Defendant, it would complete the registration of transfer of ownership with respect to the gas station of this case.

On October 11, 2004, pursuant to the agreement of this case, the defendant was awarded a bid of KRW 1,425,000,000 in the gas station of this case at the above auction procedure, and KRW 1,300,000 out of the successful bid price was set off by the defendant's dividends of KRW 1,30,000,000 based on senior mortgage claim.

In addition, C directly paid 62,271,292 won for the bid bond of the above auction on October 11, 2004, and 52,382,437 won for the sale on January 4, 2005, and 10,346,271 won for the remainder of the sale was paid by C on January 10, 205 after the Defendant first paid them.

On January 4, 2005, C paid 53,759,820 won as incidental expenses such as registration tax.

E. And on February 28, 2005, C paid KRW 209,764,080 to the Defendant for the repayment of the above loan obligation.

F. The defendant, among those, is the defendant.