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부산지방법원 동부지원 2017.01.18 2015가단217586
손해배상(기)
Text

1. The Defendant’s KRW 80,166,67 as well as 5% per annum from April 1, 2013 to January 18, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. B and the Defendant’s relationship 1) B were engaged in the business of selling or installing the Defendant’s household appliances, or introducing the Defendant’s household appliances to the Defendant. 2) B concluded a contract with the Defendant for the supply of household appliances with the Defendant as a security for the goods payment obligation, and set up each collateral security right with regard to the Defendant, from March 2004 to June 2005, with respect to the Busan Young-gu D site and the ground buildings (hereinafter “instant real estate”) in which B owned the 1/2 share, with respect to the Defendant, from March 2004 to June 2005, the sum of maximum debt amount was KRW 1 billion.

3) B) Defendant and E Co., Ltd. (hereinafter “E”)

(B) When mediating a contract for the supply of household appliances between the parties (such as B), a person who acts as a broker for a supply contract between the Defendant and the Construction Company or a store shall be referred to as “business specialty.”

(2) On September 26, 2008, the Defendant’s demand on September 26, 2008, provides a joint and several guarantee of all the present or future obligations owed to the Defendant by E due to a contract between the Defendant and E within the limit of KRW 142,043,00. In the event that B separately provides other physical or personal security for the operation of a specialized point, the above guaranteed obligation shall be included in the balance of the specialized point and shall be appropriated for the physical or personal security of the specialized point, unless otherwise agreed.”

B. The Plaintiff’s acquisition of the instant real estate and the progress of agreement with the Defendant (1) on September 1, 201, the Plaintiff purchased 1/2 shares from B among the instant real estate, and completed the registration of ownership transfer in the name of the Plaintiff on the same day.

2) The Plaintiff filed a lawsuit against the Defendant for the cancellation of the registration of creation of each of the neighboring mortgage established on the instant real estate and the Defendant’s right holder (the Busan District Court’s branch branch court).