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(영문) 서울중앙지방법원 2015.07.08 2013가합560180
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. E is a contractual relationship, etc. between E and Defendant Zteex Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and “E” under the name of the wife F, namely, the name of the wife, 984m2, the G gas station site 984m2, H gas station site 466m2, and 489m2 (hereinafter “gas station site”).

On November 20, 2007, in order to operate a gas station with the trade name of J gas station, a petroleum products supply contract with the Defendant Company (hereinafter “instant supply contract”).

(2) On November 21, 2007, E concluded a mortgage creation agreement with the Defendant Company on November 21, 2007, consisting of the obligor E, F, and the maximum debt amount of KRW 875 million with respect to the pertinent gas station site. According to the comprehensive mortgage creation agreement formulated at the time, according to the comprehensive mortgage creation agreement, E, within the scope of the above maximum debt amount, provided that the obligor is currently or will be currently or futurely liable to the mortgagee.

3) Since then, E uses the funds for supporting facilities of gas stations leased by the Defendant Company, to use the above site for gas stations, buildings, offices, lodging houses, etc. on the third floor size on the ground of the above site for gas stations (hereinafter “J gas stations building”), and in combination with the above site for gas stations, “J gas stations site and buildings.”

(B) On July 24, 2008, the Plaintiff newly built a mortgage and started the J gas station business on July 24, 2008, and concluded a mortgage additional contract with the Defendant on August 12, 2008 after completing the preservation of ownership on the building of the said J gas station under the name of F on July 29, 2008, and concluded a mortgage additional contract with the Defendant on August 12, 2008. On August 20, 2008, the amount of maximum debt is KRW 875 million, the debtor F, and E on August 20, 2008, including the registration of the establishment of a neighboring mortgage under the name of the Defendant Company as to the site of the gas station (hereinafter the aforementioned mortgage is

(4) On the other hand, E from October 24, 2008, from the Seoul Guarantee Insurance Co., Ltd., the insured company, the insurance amount of KRW 180 million, and the insurance period of October 24, 2008.

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