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(영문) 부산지방법원 2018.02.22 2017가단2317
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or can be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1- 6 (including paper numbers; hereinafter the same shall apply) and Eul evidence No. 1.

On November 27, 2014, the Defendant: (a) filed an application with the Busan District Court for provisional attachment (hereinafter “provisional attachment”) on each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) as indicated in the Busan District Court’s separate sheet (hereinafter “instant provisional attachment”) with regard to the secured claim amounting to KRW 545 million against the Plaintiff as the preserved right; and (b) received a decision of provisional attachment on December 1, 2014 from the said court.

1. Determination on the cause of the claim

A. The facts of recognition (1) The Defendant lent KRW 100 million to C in relation to the newly constructed apartment units in Kimhae-si, Kim Jong-si, Inc. (hereinafter “Cheongjin-si”), with respect to the newly built apartment units, KRW 200 million on August 25, 2002, KRW 200 million on November 21, 2002, and KRW 150 million on March 31, 2004, respectively.

(2) On March 30, 2004, C agreed to pay KRW 560 million, including the principal and interest of the above loan, to the Defendant by the time the rear Dong-dong of the above apartment complex was completed (the scheduled on September 2005). The Plaintiff guaranteed this.

(3) On December 16, 2006, C agreed to pay the principal and interest of the above borrowed amount to the Defendant, including interest in arrears, and on December 31, 2007 and April 5, 2008, C agreed to confirm and pay the Defendant the principal and interest of the borrowed amount of KRW 600 million and the unpaid cash and bill amount of KRW 199 billion. The Plaintiff guaranteed this.

(4) On the other hand, on September 14, 2007, the registration of preservation of ownership was made in the name of Chungcheong on the apartment of Kimhae-si, 101, 1201, and 1504 (hereinafter “each apartment of this case”), and the registration of ownership transfer was made in the name of the defendant on the same day. On June 7, 2008, the defendant was settled by payment in kind between C and the above registration of ownership transfer in exchange for payment in accordance with the above registration of ownership transfer.

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