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(영문) 서울중앙지방법원 2015.08.26 2014가단5293706
구상금 등 청구의 소
Text

1. Defendant A and Defendant B jointly and severally liable for KRW 59,400,000 to the Plaintiff and the Plaintiff from September 6, 2014 to October 2014.

Reasons

1. Determination as to the claim against Defendant A and Defendant B

(a) Grounds for a claim: To be as specified in attached Form;

B. Ground 1) Defendant A: Judgment of deemed confession (Article 208(3)2 of the Civil Procedure Act) on deemed confessions (Article 208(3)2 of the Civil Procedure Act) Defendant B: Decision by service (Article 208(3)3 of the Civil Procedure Act)

2. Determination as to the claim against Defendant C

A. The facts of recognition 1) On August 31, 2012, Defendant C lent KRW 2.5 million to Defendant B as interest rate of KRW 1.5% per month. Defendant B, to secure the above loan obligation, on the same day, owned by Defendant C and Defendant B, 535.3 square meters per annum (hereinafter “instant land”).

A) As to the establishment of the right to collateral security, the Defendant C entered into a contract to establish the right to collateral security and completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”).

(2) Defendant C’s husband E, who operates a gas station, supplied Defendant A Co., Ltd. (hereinafter “Defendant A”) with oil equivalent to KRW 180 million from January 2014 to July 2014, but did not receive the price.

3) Defendant B entered into a payment contract with Defendant C on July 30, 2014 (hereinafter “instant payment contract”).

On the same day, Defendant C had completed the registration of ownership transfer as the receipt No. 33917 on July 31, 2014 with respect to the land of this case by Chungcheong District Court.

Defendant B shall pay Defendant A’s debt to Defendant B to Defendant C.

Defendant B has a debt of KRW 200 million to Defendant C, and Defendant A has a debt of KRW 180,000 to Defendant A for oil payment.

Defendant B transfers the instant land to Defendant C for the repayment of the above loan and the obligation of oil payment.

If a profit exceeds KRW 900 million after disposing of the instant land after the date on which Defendant C was later, such profit shall be settled at all the expenses and repaid to the third creditor F in preference to KRW 100 million, and the remaining surplus shall be paid to Defendant B.

Defendant B at the time of the occurrence of the loss after the disposition.

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