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(영문) 청주지방법원 2021.01.13 2020가합190
손해배상,근저당권 양도대금
Text

Defendant B and Defendant C shall jointly and severally pay to the Plaintiff KRW 235,394,061 as well as to the day of full payment from June 19, 2020.

Reasons

1. Basic facts

A. On April 7, 2017, F Co., Ltd. entered into a sales contract on the purchase price of H, I, J, K, L, and M Factory sites (hereinafter “instant land”) and buildings on the instant land in order to purchase KRW 1.8 billion (hereinafter “instant sales contract”).

B. On April 10, 2018, with respect to the instant sales contract, the Plaintiff prepared a written confirmation with Defendant B, the representative director of F Co., Ltd., the following (hereinafter “instant agreement”), and Defendant C jointly and severally guaranteed Defendant B’s obligation under the instant agreement.

① The Plaintiff transferred KRW 600,000,000, out of KRW 1 billion of the Plaintiff’s right to collateral security, which is jointly secured with the instant land, to Defendant E and transferred KRW 400,000 to Defendant E

② Upon obtaining permission for recycling business on the ground of the instant land, Defendant B shall immediately file an application for auction for the said factory, and shall withdraw the auction and then apply for auction thereafter if Defendant D is unable to obtain the successful bid.

③ Defendant B, at the time of the first auction of the above factory, will immediately be awarded the bid by winning the bid at least that the Plaintiff is able to preserve the amount of credit at the time of the first auction of the factory.

[Grounds for recognition] The items in Gap evidence Nos. 1 and 3, and the purport of the whole pleadings

2. Determination as to the claim for damages against Defendant B and Defendant C

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208(3)3 of the Civil Procedure Act of the applicable law (a judgment by service of public notice)

3. Determination as to the claim against Defendant D and Defendant E

A. Determination 1 on the Plaintiff’s claim for damages against Defendant D 1) Since Defendant B, Defendant C, and Defendant D did not perform their obligations under the instant agreement, they are jointly and severally liable for damages incurred to the Plaintiff.

2) According to the reasoning of the judgment, the Plaintiff entered into the instant agreement with Defendant B on April 10, 2018, and Defendant C’s instant case.

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