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(영문) 대구지방법원포항지원 2013.05.31 2012가합834

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 23, 2005, the Plaintiff: (a) lent to C a total of KRW 350 million, including KRW 150 million on February 10, 2006, KRW 100 million on February 22, 2006, KRW 350 million on February 22, 2006, KRW 1% per interest; (b) the Plaintiff’s vessel and C-owned vessel D-owned vessel (the title of the instant vessel is changed to E October 13, 2009; hereinafter the instant vessel) during joint operation; (c) on February 8, 2006, the Plaintiff set up a fourth priority collective security (hereinafter the instant collective security) with a maximum debt amount of KRW 400 million on the instant vessel.

B. On April 12, 2007, the Plaintiff filed an application for a ship auction (F) based on the instant right to collateral security with respect to the instant vessel with respect to the Daegu District Court racing, Daegu District Court, and received a decision on April 23, 2007 on the commencement of auction and the preservation of vessel depreciation.

On May 30, 2007, the 326,233,685 won credit statement was submitted to the court of execution on May 30, 2007.

C. On May 23, 2007, C filed a lawsuit against the Plaintiff for the cancellation registration of the establishment of the instant right to collateral security ( Daegu District Court racing support 2007Gahap569). On the other hand, C filed an application for the suspension of execution of the said ship auction (the same support).

On May 29, 2007, the above support ordered C to deposit KRW 400 million as security (in cash, KRW 50 million, KRW 350 million, and KRW 350 million, in the consignment contract for payment guarantee), and C to provide security, on June 7, 2007, upon which C to suspend the execution procedure for the instant vessel until the time when the judgment on the suit for cancellation of registration becomes final and conclusive (hereinafter referred to as the “instant suspension decision”).

The above decision was executed around that time.

C On June 12, 2007, the application for cancellation of enforcement of the above ship auction (Tgu District Court racing support G) was filed.

On June 14, 2007, the judge in charge of the above support auction shall deposit (it shall be possible to submit in writing an entrustment contract for payment guarantee) KRW 215 million equivalent to the sum of the debt amount and the execution cost for the racing and fisheries cooperatives at the time as security C.