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(영문) 수원지방법원 2017.01.26 2016가단520115
공탁금출급청구권확인 청구의 소
Text

1. C. 84,00,000 won deposited as Seoul Southern District Court No. 2016, March 17, 2016 at KRW 200,000.

Reasons

1. Basic facts

A. On September 29, 2014, the Plaintiff prepared a notarial deed of a money loan agreement for transfer security (hereinafter referred to as “notarial deed of this case 1”) with Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) and “the Plaintiff’s loan KRW 100 million to Defendant A on September 29, 2014, the due date for payment shall be September 26, 2015, but where the payment is delayed, the Plaintiff shall be paid damages for delay at the rate of 15% per annum. In order to secure the performance of Defendant A’s obligation, the Plaintiff shall transfer to the Plaintiff the notarial deed of a notarial deed of a money loan for transfer security (hereinafter referred to as “notarial deed of this case 1”) with the content that “the notarial deed of this case shall be transferred to the Plaintiff by means of possession amendment” of the attached list No. 1 (hereinafter referred to as “the next) in order to secure the performance of Defendant A’s obligation.

B. On November 20, 2015, Defendant A and Defendant B drafted a notarial deed of this case: (a) on February 27, 2015, Defendant A and “Defendant A shall pay to Defendant B the amount of KRW 117,00,000,000 for the goods payment to Defendant B as of November 20, 2015; (b) shall pay damages for delay at the rate of 15% per annum to Defendant B; (c) as of February 27, 2016, Defendant B shall pay damages for delay at the rate of 15% per annum to Defendant B; and (d) each of the items listed in the separate sheet owned by Defendant A (the following is referred to as “each of the instant machinery,” and as to individual machinery, the separate order listed in the separate sheet corresponding to the 1 of this case as of January 1, 2015 is assigned to Defendant B by means of possession and amendment (a loan for consumption) agreement (hereinafter “notarial deed”).

C. As between Defendant A and C on December 16, 2015, Defendant A entered into a sales contract with Defendant A to sell KRW 420,000,000 for each of the instant machines, and to sell the remainder after receiving KRW 140,000 from December 13, 2015, at the time of entering into a contract as down payment, the intermediate payment of KRW 80,000,000 for KRW 140,000 for intermediate payment and KRW 200,000 for payment on February 1, 2016.

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