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(영문) 수원지방법원 2018.11.15 2017가단536377
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. D was indicted for a fraud case of the original state branch court of Chuncheon District Court 2012Kadan521 on the grounds of “the fact of deceiving the plaintiff and deceiving 200 million won by deceiving the plaintiff on December 2006,” etc.

B. Defendant B and ASEAN, the denial of D, paid KRW 50 million to the Plaintiff around that time for the recovery of the Plaintiff’s damage. From around August 2012, KRW 100 million between the Plaintiff and the Plaintiff, KRW 50 million up to September 30, 2013, and KRW 50 million up to September 30, 2014, the amount of KRW 100 million shall be paid up to September 30, 2014, respectively; however, the Plaintiff’s comprehensive brief as of October 10, 2018 and the comprehensive brief as of October 8, 2018, set the right to collateral security against the Plaintiff’s land EF and its ground (hereinafter “instant real property”).

hereinafter referred to as the "agreement of this case"

(C) Accordingly, on August 30, 2012, the Defendants established a right to collateral security of KRW 250 million with respect to the instant real estate to the Plaintiff. D. On January 20, 2014, the Plaintiff was provided with households worth KRW 85,014,600 (value of value-added tax of KRW 77,286,000, value-added tax of KRW 7,728,600 with respect to value-added tax of KRW 7,600 with respect to the instant real estate, and did not pay the said amount.

The Plaintiff asserts that D, not Defendant C, operated the above furniture, but considering the fact that Defendant C paid business registration, and the Plaintiff’s side also asserted that the price set off against Defendant C as seen in the following G, it is recognized that the operating entity of the above furniture was Defendant C as Defendant C.

E. However, when the Defendants delayed payment of KRW 100 million by September 30, 2013, the Plaintiff filed an application for voluntary auction on the instant real estate and rendered a decision to commence auction on June 16, 2014.

On July 9, 2014, the Plaintiff withdrawn the above voluntary auction application.

F. On March 3, 2015, Defendant C remitted KRW 90 million to the Plaintiff, and on March 4, 2015, the Plaintiff cancelled the right to collateral security established on the instant real estate.

G. Defendant C shall be the Plaintiff on May 23, 2017.

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