logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
광주지방법원 2015.05.08 2014가합3247
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff supplied freezing fishery products to C (hereinafter “C”) from April 2009 to September 20 of the same year, and owned KRW 115,00,000,000 for outstanding amount.

B. On June 26, 2009, the Plaintiff acquired the instant real estate in the name of D (hereinafter “instant accord and satisfaction”) under the condition that it takes over the secured debt of the right to collateral security established on the instant real estate in lieu of satisfaction of the said claim with the Defendant’s arbitration (hereinafter “instant part”).

C. When the market price of the instant real estate did not reach the initially expected price, and the Plaintiff was also liable for interest arising from the secured debt of the right to collateral security established on the said real estate, on February 12, 2010, the Plaintiff filed a lawsuit against D, etc. to cancel the registration of ownership transfer completed in the name of the Plaintiff on the said real estate, and to demand the acceptance of the secured debt (Gwanju District Court 2010 Gohap1458), and filed a complaint against the Defendant who filed an arbitration on the instant payment in substitutes as fraudulent and the Attorney-at-Law Act.

The Defendant demanded the Plaintiff to withdraw the above civil procedure and criminal complaint since the Plaintiff may take over the instant real estate, and the Plaintiff and C representative director, by July 15, 2010, drafted a written confirmation that the Plaintiff and C representative director agreed to pay the Plaintiff the amount of KRW 125,00,000,000, including the price of the goods (= KRW 115,000,000,000,000, including the price of the goods (the Plaintiff bears necessary expenses, etc. prior to the registration of the instant real estate, and assessed as KRW 10,00,000,00)) by July 15, 2010 (hereinafter referred to as the “written confirmation”).

E. On May 4, 2010, the Plaintiff paid KRW 5,232,250 to G through a certified judicial scrivener F on the same day pursuant to the above agreement. The Defendant completed the registration of the right to claim transfer registration based on the purchase and sale reservation under the name of the Defendant on the same day, and the Plaintiff filed against D, etc. on May 14, 2010.