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(영문) 전주지방법원 군산지원 2018.06.28 2017가합300
구상금
Text

1. As to the Plaintiff KRW 217,605,610 and KRW 20,000 among them, the Defendant shall pay to the Plaintiff KRW 217,60,610 from August 19, 201, KRW 104,615,970.

Reasons

1. Facts of recognition;

A. On July 23, 2009, the conciliation of the following conciliation provisions (hereinafter “instant conciliation”) was established in the lawsuit against the Defendant, such as the Jeonju District Court’s Gunsan Branch 2008Ddan3325 and divorce and consolation money, which the Plaintiff raised against the Defendant.

7. The real estate in the name of the Plaintiff is owned by the Plaintiff, and the real estate in the name of the Defendant (other than 1,729m2 and its ground) is owned by the Defendant.

8. The plaintiff is responsible for the secured debt of the right to collateral security established in the name of the Seongbuk Saemaul Depository in the name of the plaintiff, and the defendant is responsible for all the secured debt and provisional seizure obligations of the remainder of the right to collateral security other than the Seongbuk Saemaul Depository established in the name of the plaintiff.

9. If the damage was incurred to the Plaintiff due to the Defendant’s failure to repay the obligation owed by the Defendant under paragraph (8), the Plaintiff may immediately claim the damage against the Defendant.

(However, its indemnity must be provided in a legal way).

The “real estate under the Plaintiff’s name,” the registration of collateral security and provisional seizure, which the Defendant owes the obligation to repay and cancel the debt, pursuant to Article 8(8) of the instant conciliation clause, includes 4,635 square meters in Gunsan-si (hereinafter “instant real estate”).

C. At the time of the instant conciliation, the mortgagee’s right to collateral security was set up on October 31, 1994 with the mortgagee’s right to collateral security (No. 3, the entire maximum debt certificate No. 70,000,000 on October 31, 1994) and on March 4, 1998, the maximum debt amount (No. 28,000,000,000 on the remainder of the registered maximum debt amount (No. 5, the entire registration certificate No. 5; hereinafter the same shall apply). On the other hand, on July 31, 1998, the mortgagee’s right to collateral security was set at KRW 300,000,00 for the National Agricultural Cooperative Federation as the maximum debt amount (No. 6, the entire registration certificate No. 2). The National Agricultural Cooperative Federation, the mortgagee’s National Agricultural Cooperative on April 12, 201.

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