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(영문) 부산지방법원 2015.02.11 2014가단85182
구상금
Text

1. The defendant shall pay 5,00,000 won to the plaintiff and 20% per annum from October 8, 2014 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. On January 2012, 2012, the Plaintiff jointly operates the main points with the Defendant and “C” and around that time, the Plaintiff is a national corporation (hereinafter “national corporation”).

3) The loan of KRW 100 million from the above main office’s operating funds (hereinafter “the loan of this case”).

(3) On January 13, 2012, the Plaintiff’s Plaintiff-owned D Apartment No. 2 and 105 (hereinafter “instant real estate”) owned by the Plaintiff on January 13, 2012 in order to secure the instant loan obligation.

On October 2012, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 110 million in the future of the State. (2) On October 2012, the Plaintiff acquired the Plaintiff’s shares on the said main points and operated the said main points solely by the Defendant, but the Defendant agreed to pay the loan amount of the instant loan amount of KRW 80 million. The debt amount of the instant loan amount remaining at the time was the debt amount of KRW 80 million.

3) After that, the Defendant independently operated the foregoing main point, and paid to the State day additional KRW 25 million out of the above loan debt. 4) Meanwhile, on May 20, 2013, Busan Bank Co., Ltd., a senior mortgagee on the instant real estate, applied for an auction of real estate rent to the Busan District Court Branch E, which was located in the Dong branch of the Busan District Court, for the auction of real estate rent on May 21, 2013 (hereinafter “instant auction procedure”). In the instant auction procedure, the State day was distributed KRW 5 million as a senior mortgagee on January 16, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading

B. According to the above facts of determination, the Defendant is obligated to pay to the State Party the remainder of the loan amount of KRW 55 million (=the balance of the loan amount of KRW 80 million at the time of acquiring the State Party’s main office - KRW 25 million). However, the State Party is obligated to pay the remainder of the loan amount of KRW 55 million at the auction procedure of this case where the real estate owned by the Plaintiff was commenced by the State Party.

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