logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.01.16 2014가합52435
배당이의
Text

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 received a contract for each of the construction works listed in [Attachment 1] (hereinafter “instant construction work”) from B Co., Ltd. (hereinafter “B”), and lent KRW 5 billion total of KRW 3 billion on August 16, 2007 and KRW 5 billion on September 19, 2007 to B in relation to the said construction fund.

[Attachment 1] The F parking lot construction work for the construction period (including value-added tax) from October 24, 2006 to November 30, 2006, 732,600,000 from October 24, 2006 to October 24, 2006 ( April 19, 2007) 1,529,000,000,000,000 from October 25, 2006 to October 31, 207, 200,000,00 for the construction period (including value-added tax)

B. On August 7, 2008, the Plaintiff entered into a mortgage agreement with the Defendant and the Plaintiff to the effect that “the Plaintiff shall secure the sole, joint, and several liability to be borne at present or in the future within the limit of 1.5 billion won” (hereinafter “mortgage agreement of this case”) with respect to H 50,579 square meters of forests and fields H, I, 34,215 square meters of land, J, J, 6,942 square meters of land (hereinafter “instant real estate”). On January 22, 2009, the Plaintiff completed the registration of the establishment of a mortgage near the Defendant as the mortgagee.

① The Defendant et al. pretended to purchase 1.3 billion won per unit from B each two unit of D Rate Corporation membership rights in the name of the Defendant et al., and, at the following point of the former North Korea Bank, the said corporate membership rights are loaned in the name of the Defendant et al., the sum of KRW 1.56 billion each as part of the sales contract, as security, KRW 3.12 billion each as part of the part of the sales contract.

If the defendant, etc. deposits the above KRW 3.120 million to B as an intermediate payment, B shall again deposit it to the defendant as a part of the obligation related to the construction of this case against the defendant.

However, B shall have the full amount of the above loans:

arrow