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(영문) 수원지방법원여주지원 2020.05.13 2019가단59719
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 162,435,853 and KRW 133,455,094 among them. From December 21, 2019 to May 13, 2020.

Reasons

1. Facts of recognition;

A. C, D, E, etc. (hereinafter “C, etc.”) received installment financing loans from the Plaintiff and purchased the digging pool with the said loans, set up a right to collateral security on the given digging season as security for the said loans to the Plaintiff, and sold the digging pool to another person, thereby obtaining the said loans and interfering with the Plaintiff’s exercise of the right to collateral security.

B. Accordingly, on November 14, 2017, C, etc. purchased 176,00,000 won (including value-added tax) from the Plaintiff, who did not know of the fact of the above public offering, set the amount of KRW 1,40,00 per annum 8.9% per annum, interest interest rate of KRW 24,00 per annum, interest rate of KRW 60,000 per annum, and extended loans with a maturity of 60 months with a maturity of 60 months as collateral for the above loan obligation, and subsequently, on November 16, 2017, C, etc. created a collateral security right of KRW 1,40,000 as a creditor with the maximum debt amount of KRW

C. Around November 23, 2017, the Defendant, while aware of the fact that C, etc. disposed of the above digging machine to another place and intended to interfere with the Plaintiff’s exercise of the right to collateral security, purchased the said digging machine in KRW 60,50,000, which is an amount substantially lower than the market price, and received it.

In collusion with C, etc., the Defendant was indicted for committing a crime that obstructed the exercise of the Plaintiff’s right by concealing the above so-called “mortgage” which was the object of the Plaintiff’s right to collateral, and was convicted of a fine of KRW 5 million in the Suwon District Court’s Ansan Branch on November 14, 2019, and the above judgment became final and conclusive around that time.

E. At present, the above excavation is not known, and the remaining amount of the Plaintiff’s credit against C, etc. is a total of KRW 162,435,853 as of December 20, 2019 (= Principal KRW 133,455,094 and delay damages, etc. KRW 28,980,759).

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant shall jointly with C, etc., which is the object of the plaintiff's right to collateral security.

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