(영문) 의정부지방법원 2015.11.13 2015가단104107

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(영문) 의정부지방법원 2015.11.13 2015가단104107

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant-invested the Plaintiff’s Dispute Resolution Co., Ltd. with approximately KRW 160,00,000,000,000,000,000,000,000,000,000 won. However, C Co., Ltd, as a security for the claim for the price of the goods, set up a collateral of KRW 100,00,00,000,0

B. On October 30, 201, the Industrial Bank of Korea, which was the senior mortgagee of the instant land and building, commenced an auction procedure on the instant land and building, and the machinery and equipment within the instant building (hereinafter “the instant machinery and equipment”). Upon requesting the Defendant to obtain a successful bid on the instant land, building, and machinery and equipment, the Plaintiff made an agreement with the Defendant on October 30, 201 (hereinafter “instant agreement”).

Article 1 (Scope of Contract) falls under the case of auction falling under E (DB Factory Location), and the conditions for the defendant's participation in the auction and the relation between the defendant and the plaintiff after the successful bid of the auction shall also be included in the settlement of accounts of payment (166,246,925 won of the price of the goods) at the time the compensation corresponding to the relevant lot has been progress after the successful bid of the defendant.

Article 2 (Conditions to Participate in Auction) The defendant will participate in the auction of the real right in relation to the repayment of the price for goods, and at the same time the difference excluding the amount equivalent to the claim of the Industrial Bank of Korea, which is the first priority from the successful bid price, shall be paid to the defendant as the payment for goods under the joint responsibility of the plaintiff and the Industrial Bank of Korea, a mortgage securitization company related to

(e) At the time of auction, 1.8 billion won = 1.8 billion won = 1.5 billion won = 1.5 billion won shall be paid to the plaintiff: Provided, That the defendant shall prepare and implement a separate contract for IM and payment terms in Korea, which is a mortgage securitization company.

Article 3 (Conditions after Successful Bidding) The defendant and the plaintiff shall sell the relevant real rights to the defendant.

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