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(영문) 서울고등법원(춘천) 2019.01.30 2015나1326

약정금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in agricultural products distribution business under the trade name of “C”.

D Co., Ltd. (hereinafter referred to as “D”) is a company with the purpose of wholesale and retail business of agricultural products, and E is working as a representative director, but E’s husband F is actually operating.

B. G Co., Ltd (hereinafter “G”) operated as a company engaged in agricultural, fishery, livestock, kimchi, kimchi, and processed products business, etc., and H and I were in office as a representative director until February 26, 2013, and H were in office from February 26, 2013 to June 26, 2014, respectively. < Amended by Presidential Decree No. 24475, Feb. 26, 2013; Presidential Decree No. 25387, Jun. 26, 2014>

C. The Defendant owned H’s mother-child 1,597 square meters, K 407 square meters, L 324 square meters, M prior to M 2,205 square meters, and N 651 square meters (hereinafter “instant land”). D. The Defendant owned the instant land by combining the land of the said five parcels.

As of February 28, 2014, the Plaintiff supplied agricultural products to D and the amount of agricultural products not received from D was KRW 245,694,500.

(D) The debt of the above amount to the Plaintiff (hereinafter “instant debt”). E.

The Plaintiff demanded F to repay the instant debt or offer the instant security, and F told F to offer the instant land as security to the Plaintiff.

F. As to the instant land on March 4, 2014 between the Plaintiff and the Defendant, the creditor and the person who created the right to collateral security as the Plaintiff, and the debtor and the person who created the right to collateral security as the Defendant, concluded a mortgage contract with the maximum debt amount of KRW 250 million (hereinafter “instant mortgage contract”). The Plaintiff, based on the aforementioned mortgage contract, completed the registration of the creation of each of the instant land under the Plaintiff’s name (hereinafter “instant mortgage contract”). < Amended by Act No. 36142, Mar. 5, 2014; Act No. 36142, Mar. 5, 2014>

G. On March 5, 2014, the Defendant, under the name of the Defendant, promised to pay the instant debt to the Defendant, and the instant land on March 4, 2014.