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(영문) 창원지방법원 거창지원 2017.01.10 2016가단1392
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 150,000,000 won and the period from February 19, 2014 to July 11, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B agreed to jointly operate the telecom around June 2010. The Plaintiff purchased the five-story accommodation facilities on June 17, 2010, Busan Gangseo-gu D’s ground (hereinafter “the instant telecom”). On the same day, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff for the instant telecom.

B. On June 17, 2010, the Plaintiff loaned KRW 1.3 billion from the Busan Dental Credit Union (hereinafter “Dental Credit Union”) in order to raise the purchase fund of the instant mother, and entered into a mortgage agreement with the Busan Dental Association on the instant mother in order to provide a security for the above loan obligations, and concluded a mortgage agreement with the Busan Dental Association on the instant mother. On the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the Defendant, the debtor, the mortgagee, and the Busan Dental Association on the instant mother.

C. On October 21, 2010, the Plaintiff borrowed KRW 420 million again from the Busan District Association to secure the expense for remodeling the instant apartment, and entered into a mortgage agreement with the Busan District Association to provide security for the above loan obligations. On the same day, the Plaintiff completed the registration of the establishment of a mortgage over the instant apartment with the Plaintiff and the Busan District Association.

On July 3, 2012, at the request of the Busan District Court, the decision to commence voluntary auction was made on the instant telecom, and the instant telecom was sold to F on April 29, 2015 at the subsequent auction procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, and 5, the purport of the whole pleadings

2. We examine the judgment on the cause of the claim. The Plaintiff filed a criminal complaint against the Defendant B due to the dispute arising in connection with the operation of the instant Moel, and the Defendant B filed a criminal complaint against the Plaintiff on February 18, 2013 for the agreement in the instant criminal case.

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