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1. The Defendant’s KRW 380,000,000 as well as 5% per annum from December 29, 2014 to April 21, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On December 19, 201, the Defendant: (a) purchased livestock products from a cooperative from December 26, 201 to April 5, 201; and (b) supplied them to D (hereinafter “D”).
B. Around November 12, 2012, D confirmed that the total amount of outstanding debts owed to D against D at the time is KRW 172,448,040, and that D would provide security, such as real estate, the Defendant and cooperative entered into a transaction agreement with D to provide the outstanding debts and the purchase price of livestock products that will occur in the future.
C. On November 14, 2012, the Plaintiff agreed to provide D with the offering of 2,804 square meters (hereinafter “instant real estate”) prior to Ilyang-dong, Jungdong-gu, U.S., U.S. as collateral for the supply of and demand for D livestock products, and entered into a mortgage agreement with the cooperative on November 15, 2012 with regard to the instant real estate (hereinafter “instant mortgage agreement”).
The aforementioned contract to establish a mortgage, prepared at the time, stated the following as “debtor: The Plaintiff, the mortgagee of the right to collateral security: the scope of the secured debt: the maximum debt amount: 459,00,000 won, and the period for settlement of accounts for the settlement of mortgage: The future type of designation; and accordingly, on November 16, 2012, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) was completed against the instant real estate on November 16, 2012.
E. On April 5, 2013, a cooperative terminated an intermediary wholesaler transaction agreement with the Defendant on the ground of unpaid settlement of accounts receivable, and on May 31, 2013, filed an application for voluntary auction on the claim amounting to KRW 437,188,634 (the claim amount against the Defendant of the cooperative at the time of such termination) with the Defendant, and on June 3, 2013, the cooperative was the Government District Court Yangyang Branch Support Fund.