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(영문) 서울북부지방법원 2015.10.30 2014가단21783
어음금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 21, 2012, the Plaintiff and C were issued with a promissory note with a face value of KRW 1.5 billion at sight issued by the Defendant and D.

On March 26, 2012, the Plaintiff and C completed the registration of creation of a neighboring mortgage on the E farm site, E-based building, F-based building, F-based building, F-based building, G field, 837 square meters, H farm site, 153 square meters, and 86 square meters for the first farm site, in order to secure the claim for the said promissory note gold.

B. On October 4, 2012, C transferred KRW 750,000 to the J of the above right to collateral security against the Defendant. On March 11, 2013, J transferred to the Plaintiff the above right to collateral security against the Defendant.

On March 12, 2013, the Plaintiff delegated the power to notify the assignment of claims by J shall notify the Defendant of the assignment of claims, and at that time, the above notification was delivered to the Defendant.

C. On November 30, 2012 with respect to each of the real estate listed in the paragraph (a) owned by the Defendant, Suwon District Court Sung-nam Branch Kro, and on January 14, 2013, the auction procedure (hereinafter “instant auction procedure”) was conducted after a decision to voluntarily commence the auction of each real estate was rendered as L with the same court L on January 14, 2013.

On November 1, 2013, the Plaintiff, Defendant D, M, and N agreed to the following terms with respect to “E, F, G, H, I,O land and buildings on the ground”:

(4) The Plaintiff refers to “A” as “B,” the Defendant, D, M, and N4, and only the part related to the issues of the instant case shall be adjusted and stated; hereinafter “instant agreement”). [Attachment 1] Defendant, D, and the Plaintiff jointly and severally liable for payment of KRW 1.5 billion to the Plaintiff in connection with the loan of KRW 1 billion on March 13, 2013. (4) The said real estate occupies “P” as of the present real estate, and “ Q” and “S” occupy “R” and “S” respectively.

No other occupant shall be any other occupant.

5 In Q, the right to collateral security has been established on the subject real estate of which maximum debt amount is KRW 100 million in order to secure the security deposit of KRW 100 million.

The rent shall be KRW 5 million per month, and shall be the last day of each month.

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