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(영문) 인천지방법원부천지원 2019.01.18 2018가합103562
구상금
Text

1. The defendant shall pay to the plaintiff KRW 208,450,749.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On April 5, 2016, the Plaintiff sold each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) to the Defendant for KRW 900 million. On the date of the contract, the intermediate payment of KRW 70 million was concluded, the intermediate payment of KRW 30 million on September 10, 2016, and the remainder of KRW 400 million on September 30, 2016, and agreed to receive KRW 400 million on November 30, 2016, and agreed to provide the Plaintiff with the instant real estate as collateral to offer the purchase price to the Defendant.

(hereinafter “instant sales contract.” With respect to the instant real estate, the Plaintiff, on behalf of the Defendant, has the right holder C created a collateral with the maximum debt amount of KRW 900 million on behalf of the Defendant, and the Plaintiff has accepted the collateral security.

The mortgagee of a right to collateral security shall, within the extent of the above amount, set up the first right to collateral security in order in the real estate of this case by securing the debtor's all of the bills and checks and all of the obligations arising out of commercial transactions and all of the bills and checks, and all of the obligations arising out of commercial transactions, as the guarantor of the right to collateral security, signed and sealed by the debtor as the debtor himself/herself

When a debtor has delayed the contractual obligation even once it has been performed, or when a provisional seizure is held by another creditor or is declared bankrupt, the debtor shall lose the benefit of time and immediately pay the full amount of his/her obligation.

B. On April 5, 2016, the Plaintiff prepared a written consent to provide the instant security with the following content to the Defendant. On the same day, the Defendant borrowed KRW 400 million from C with the interest rate of KRW 1.8% per month, and six months from the date of repayment from the date of repayment, using the said written consent, and “the registration of establishment of the instant real estate to be registered as the obligor, the mortgagee, and the mortgagee C is below the maximum debt amount of KRW 90 million.”

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