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(영문) 대전지방법원 홍성지원 2018.01.18 2017가합473
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, on November 13, 2014, sold each of the instant real estate in the separate sheet (hereinafter “each of the instant real estate”) to D on November 13, 2014, with a down payment of KRW 640 million, and the first intermediate payment of KRW 100 million on the date of the contract, the first intermediate payment of KRW 40 million on December 21, 2014, and the second intermediate payment of KRW 100 million on January 21, 2015 and KRW 100 million on the third intermediate payment of KRW 100 million on February 21, 2015, respectively (hereinafter “instant sales contract”).

Considering the fact that senior mortgage was established on each real estate of this case, the actual amount is determined as KRW 440 million.

2) Defendant C’s official seal was affixed to the instant sales contract stating that “E, as the manager of Defendant C, has been working as the manager, guarantees the payment of the remainder to the remainder under the contract for the term of the contract for the term of the contract for the term of the contract for the term of the contract for the term of the contract for the term of the contract for the term of the contract,

3) At the time of the instant sales contract, D is an agricultural product credit transaction agreement between Defendant C with a total credit limit of KRW 340 million and the credit transaction period of KRW 30 million (hereinafter “instant credit transaction agreement”).

(2) In order to secure a debt under the credit transaction agreement of this case against Defendant C, the Plaintiff concluded a mortgage agreement with the maximum debt amount of KRW 780 million, Defendant C with the mortgagee, and debtor D with respect to each of the instant real estate (hereinafter “mortgage agreement of this case”).

The registration of establishment was completed on November 14, 2014 by Hongsung Branch of Daejeon District Court, Law No. 115313, which was accepted on November 14, 2014.

B. Although the date of the intermediate payment and the remainder payment under the instant sales contract expired, the Plaintiff did not pay KRW 400 million to the Plaintiff.

C. Defendant C, including the exercise of the instant right to collateral security, is the Daejeon District Court on the basis of the instant right to collateral security.

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