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(영문) 서울중앙지방법원 2016.10.19 2014가단196862
구상금등
Text

1. As to the plaintiff's lawsuit against the defendant Cho Il-il corporation, the plaintiff's real estate stated in attached Form 2.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) On December 5, 2013, the Plaintiff concluded a guarantee insurance agreement between Defendant A (CB) with a view to guaranteeing the performance of the payment of credit goods purchased by Defendant A from the Seoul Petroleum Co., Ltd. (hereinafter “instant guarantee insurance agreement”).

2) On July 8, 2014, the insured Seoul Petroleum Co., Ltd. claimed KRW 100 million on the ground of the Plaintiff’s nonperformance of obligations on the part of July 8, 2014.

On August 7, 2014, the Plaintiff paid KRW 100 million insurance money to Seoul Petroleum based on the instant guarantee insurance contract.

B. As to each real estate listed in the attached Forms 1 and 2 of the provisional registration of Defendant B, Defendant A completed the registration of ownership transfer based on the purchase and sale as of November 18, 2013, No. 48986, Oct. 1, 2013, and Defendant B completed the registration of ownership transfer based on the purchase and sale as of October 1, 2013. Defendant B completed the registration of ownership transfer claim based on the purchase and sale promise as of July 24, 2014, No. 32082, Jul. 24, 2014.

(hereinafter “instant trade reservation” and “the instant provisional registration”) C.

With respect to each real estate listed in the attached Table 2 of the registration of the establishment of the neighboring mortgage of the Defendant Emympio Co., Ltd., Defendant A entered into a mortgage agreement with Defendant Empio Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and completed the registration of the establishment of a neighboring mortgage, which is the debtor, on February 10, 2014, as the receipt of No. 5692 on February 10, 2014.

(hereinafter referred to as “the instant mortgage contract,” and “the establishment registration of a mortgage of this case”).

[Attachment 2] The real estate in [Attachment 2] shall be each of the real estate in the auction procedure (U.S. District Court credit support E) initiated according to the defendant company's request for auction of each real estate in [Attachment 2], and the attached Form 2.

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