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(영문) 전주지방법원 2016.04.20 2015나956
손해배상(기)
Text

1. The plaintiff's incidental appeal and the defendant's appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On January 8, 2011, the Plaintiff: (a) awarded a successful bid for (i) Nos. 701 and 702 of the Seo-gu Northern-gu Seoul Special Metropolitan City (hereinafter “instant real estate”) in the auction procedure for real estate rent; (b) completed the registration of ownership transfer on January 10, 201.

B. On October 20, 201, the Plaintiff created the right to collateral security (hereinafter “instant right to collateral security”) consisting of the obligor Company D (hereinafter “D”) and the maximum debt amount of KRW 170 million to the Seosan Fisheries Cooperatives (hereinafter “Ssan Fisheries Cooperatives”).

C. D and the Defendant signed and sealed the following agreement (hereinafter “instant agreement”) and presented it to the Plaintiff.

D. D: The owner of the C building 701 and 702 in Seo-gu, Seoan-gu, Seoan City: A corporation, provided the above-mentioned goods as a limited collateral to the Seosan Fisheries Cooperatives, and Eul (It is obvious that the above-mentioned goods are written in writing in A) purchased fishery products as security provided.

A shall sell immediately after the purchase of fishery products, and deposit KRW 10,000,000 on the account of the A stock company designated by B on the date of sales of fishery products.

On November 30, 201, 201,000 million won should be borne by A and deposited into A Co., Ltd. by November 30, 201.

A is unable to pay KRW 10 million to A by November 30, 2011, Party A shall set the first priority collateral to Party B as to Party B’s wife population by December 10, 201, which is the legal appraiser of the goods indicated by Party B as collateral, until December 10, 2011, and Party B shall set the first priority collateral mortgage to Party B as to Party B’s wife population in Gyeonggi-do, which is scheduled to purchase, and Party B shall set the first priority collateral mortgage to Party B after the establishment.

On May 2, 2012, the instant real estate had commenced on May 2, 2012, the procedure for the voluntary auction of the real estate (hereinafter “instant voluntary auction procedure”) to the Daejeon District Court-Support E, and the third party in the auction procedure.

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