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1. Of the instant lawsuits, the Daejeon District Court with regard to each real estate stated in paragraphs 1, 3, and 15 of the attached list.
Reasons
Basic Facts
Attached Form
On March 24, 2016, the Daejeon District Court (Seoul District Court) established a collateral security right of KRW 450 million with respect to each real estate indicated in the list (hereinafter “instant real estate”) with respect to the maximum debt amount of KRW 450 million with the debtor and the defendant as the mortgagee (hereinafter “instant collateral security”).
On April 7, 2016, the Defendant, B (hereinafter “B”), and C, which the Plaintiff was the representative director, concluded a commodity supply contract (hereinafter “instant contract”) including the following contents.
Article 2 (Goods and Quantity) The term "A (referring to the defendant; hereinafter the same shall apply)" is a subject matter of this Agreement to be supplied to "B (referring to B; hereinafter the same shall apply)", and the specifications, quantity, delivery date, place of delivery, time of payment, etc. of specific goods shall be determined through individual contracts, orders, transaction specifications, etc.
Article 4 (Provision of Security) "B" shall provide the following security for the proceeds of goods purchased from "A":
The Plaintiff agreed that “The Plaintiff shall be provided with steel materials through B, and the Defendant shall create a collateral security worth of KRW 450 million with a maximum debt amount of the instant real estate,” which read that “The Plaintiff shall be provided with steel materials from the Defendant through B, and the Defendant shall create a collateral security worth of KRW 450 million with respect to the instant real estate.”
However, the defendant's representative director requested the defendant to set up the right to collateral security before being supplied with steel materials, and the plaintiff set up the right to collateral security of this case to the defendant.
However, the Defendant thereafter did not supply steel materials to the Plaintiff, and the Defendant, even though there was no intent or ability to supply steel materials, was established the instant collateral security by deceiving the Plaintiff.