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(영문) 제주지방법원 2017.05.18 2016가합11598
손해배상(기)
Text

Defendants are jointly and severally liable to the Plaintiff for KRW 200,000,000, and Defendant B shall be jointly and severally liable to the Plaintiff; from December 1, 2013 to December 28, 2016.

Reasons

1. Indication of claim;

A. The Plaintiff is the owner of a Class 2 neighborhood living facility and a house (hereinafter “instant real estate”) with the fourth floor of reinforced concrete slab bars and the fourth floor above ground-based 4m2.4m2 in Jeju-si.

B. On March 29, 2013, the Plaintiff sold the instant real estate to Defendant B, and at the same time, the Plaintiff completed the registration of the establishment of a mortgage over the instant real estate with the creditor’s farming association share distribution (hereinafter “don distribution”), the debtor, B, and the maximum debt amount of KRW 1.2 billion, so that Defendant B may utilize the instant real estate as collateral.

C. The Plaintiff and the Defendant concluded a separate agreement regarding the foregoing right to collateral security, and the content of the agreement is as follows.

(hereinafter referred to as the “instant agreement”). 1. A. creditor A (hereinafter referred to as “A,”) provides real estate under the ownership of the creditor B (hereinafter referred to as “B”) as security to a separate creditor designated by the debtor B (hereinafter referred to as “B”) for use as security.

At the time of indication of real estate, D (land and buildings)

2.This Arrangement shall be made available as security to the creditors designated by Eul (distribution of money to agricultural partnership corporations), with the maximum amount of debt set at KRW 1,200,000,000, and shall be utilized as security for purposes of this Arrangement.

3. Eul shall pay Gap the sum of 200,000,000 won as of the last day of every month from the end of April 2013, subject to the offer of collateral by Gap to Gap, until the end of every month.

(Account Number to be Paid: No. A E) Provided, That the foregoing period of deposit may be extended upon the request of A at the time of understanding by A.

(Provided, That such period shall not be extended for more than two months)

4.In respect of debts (creditors: Jeju Agricultural Cooperatives) already secured or secured prior to the distribution of money for the said agricultural partnership (as for the said agricultural partnership, the amount to be paid by the above Eul shall be deducted from the amount to be paid by Eul, and the interest shall be paid to Eul until the date of full payment of the amount of debts secured by the existing agricultural partnership.

5. On the last day of each month as described in paragraph 3 above.

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