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1. As to KRW 42,535,540 and KRW 34,950,00 among the Plaintiff, Defendant A shall be from August 12, 2016 to March 29, 2017.
Reasons
1. Basic facts
A. The Plaintiff is a legal entity that assembles and produces mincules, etc., and on January 8, 2014, entered into a contract for the supply of mincules to Defendant A for KRW 275,000,000 (hereinafter “the instant contract for the supply of minculization”) and supplied the minculator, but did not receive any balance of KRW 30,000,000, and has been engaged in multiple commodity supply transactions with Defendant A for that period. As of August 11, 2016, the amount calculated at the statutory interest rate of KRW 34,950,000 for principal and interest, KRW 7,585,540 for interest, and KRW 540 for commercial interest rate of Article 54 of the Commercial Act.
A total of KRW 42,535,540, on the other hand, KRW 34,950,00,000, interest KRW 6,017,09, and KRW 40,967,09,09, based on November 12, 2015.
(1) The Corporation has not received the payment.
B. On November 6, 2015, Defendant A entered into a mortgage agreement with Defendant B on the real estate listed in the separate sheet (hereinafter “instant real estate”) with the maximum debt amount of KRW 360,000,000, and the debtor A with Defendant A (hereinafter “instant mortgage agreement”) with a view to securing the obligation of KRW 300,000,000 against Defendant B. On the same day, Defendant A completed the registration of the establishment of a neighboring mortgage agreement under Defendant B’s name as the recipient district court No. 240285.
C. On January 11, 2016, Defendant A entered into a sales contract with Defendant C Co., Ltd. (hereinafter “C”) with respect to the instant real estate amounting to KRW 1,400,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer under Defendant C’s name as the receipt of Suwon District Court No. 4985 on the same day.
Although each of the instant real estate claims was set up as a joint collateral at the time of the establishment of the instant mortgage agreement or the sales contract, it did not have any relationship with the conclusion of the instant case, and therefore, it is so decided as above for convenience.
As to the priority mortgage, the sum of the maximum debt amount of the Bank shall be 1,179,00.