logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2017.10.20 2017가합73832
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 504,082,046 and the interest rate of KRW 15% per annum from May 16, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 30, 2008, the Plaintiff entered into a sales contract with C to purchase the purchase price of KRW 200 million (the contract amount of KRW 20 million shall be paid on the date of concluding the contract, and the balance of KRW 180 million shall be paid on May 16, 2008) with respect to KRW 646 square meters prior to D, P, P, P, P, P, P, and 14 square meters prior to E, P, as owned by C.

In addition, on April 30, 2008, the Plaintiff concluded a sales contract with F to purchase the purchase price of KRW 85 million (the contract amounting to KRW 8.5 million on the date of the conclusion of the contract, the balance of KRW 76.5 million on May 16, 2008) with respect to KRW 253 square meters of G forest and field, and H forest and field 71 square meters in Pakistan-si, Pakistan-si.

(hereinafter referred to as the “each of the instant lands,” in total, of the four parcels purchased by the Plaintiff from C and F.

On May 16, 2008, the Plaintiff completed the registration of ownership transfer for each of the above lands.

C. Meanwhile, the right to collateral security (hereinafter “instant right to collateral security”) was established on May 19, 2006 with respect to land D and E, which was KRW 2.1 billion with the maximum debt amount, KRW 2.1 billion with the debtor B, and the original agricultural cooperative of the debtor B and the mortgagee of the right to collateral security (hereinafter “instant right to collateral security”). On March 6, 2008, G and H were added to the list of joint collateral security (hereinafter “instant right”).

The maximum debt amount of the instant right to collateral security was KRW 1.5 billion on Nov. 21, 2008, and again the amount of the instant right to collateral security was changed to KRW 1,132,180,000 on Jul. 6, 2009.

On June 19, 2009, the Defendant drafted and delivered to the Plaintiff a written confirmation (Evidence No. 2-1 of the Evidence No. 2) that “The cancellation of the instant collateral security right, which was created on each of the instant land, shall be confirmed by October 30, 2009.”

However, as the Defendant did not cancel the instant right to collateral security in accordance with the content of the written confirmation, the Defendant prepared and delivered to the Plaintiff a letter stating that “The instant right to collateral security established on each of the instant land shall be cancelled by September 30, 201” (Evidence A2-2).

E. On September 5, 201, the original agricultural cooperative, the creditor of the instant right to collateral security, as the creditor of the instant land, is the Goyang-gu District Court I, Goyang-gu, 201.

arrow