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(영문) 창원지방법원마산지원 2017.09.13 2017가단101952
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 31,00,000 and the interest rate of KRW 5% per annum from May 19, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On November 23, 2015, the Plaintiff sold each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) to the Defendant for KRW 800 million.

(hereinafter “instant sales contract”). B.

At the time of the conclusion of the instant sales contract, the Defendant: (a) instead of the Defendant’s acquisition of the secured debt of KRW 195 million in the name of the non-party agricultural cooperative in the name of the non-party agricultural cooperative, which was established in each of the instant real estate; and (b) the remainder of KRW 65 million, the Defendant first completed the registration of ownership transfer on each of the instant real estate; and (c) agreed to receive the instant real estate as collateral and pay to the Plaintiff.

C. On January 29, 2016, the Defendant completed the registration of ownership transfer on the ground of sale on December 23, 2015 with respect to each of the instant real estate on the same day, and completed the registration of change of each right to collateral security with the content that the debtor of the right to collateral security in the name of an agricultural cooperative in the name of Nonparty on the same day is changed from the Plaintiff, and the maximum debt amount is changed from KRW 234 million to KRW 288 million.

On March 8, 2016, the Defendant completed the registration of transfer of ownership on the ground of sale on March 8, 2016, under the name of the Marsh 1, 2016 Mar. 8, 2016, the name of the non-party stock company Mon Livestock Co., Ltd.

E. On May 2, 2016, the non-party company completed the registration of creation of a mortgage near the non-party company, which became the non-party company, in the name of distribution of Song Livestock Co., Ltd., the maximum debt amount of KRW 195 million and the debtor company.

F. On January 29, 2016, the Defendant acquired the secured debt of 195 million won under the name of the non-party agricultural cooperative in the name of the non-party, and paid KRW 25 million to the Plaintiff with additional loans from the said cooperative. On May 2, 2016, the Defendant paid KRW 100 million to the Plaintiff with the borrowed money borrowed from the distribution of the non-party corporation Song Livestock Co., Ltd.

(g)...

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