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(영문) 광주지방법원 순천지원 2017.01.12 2016가단824
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. Basic facts

A. On April 3, 1996, the Plaintiff created a right to collateral security on the land, building, etc. (hereinafter “Defendant’s real estate”) owned by the Plaintiff as security for the obligation to pay KRW 300 million to the Sungcheon-si Mutual Savings and Finance Company D (hereinafter “D”). However, on February 25, 1999, D did not pay a loan, and thereby, D started a voluntary auction procedure on the Plaintiff’s real estate to the Gwangju District Court SupportF on February 25, 1999.

B. Accordingly, the Plaintiff filed an application for provisional attachment against G with respect to the amount of indemnity equivalent to KRW 388,604,977 (the same amount as the principal and interest of loan which was not repaid to D) as the right to be preserved, against G with respect to which D and D’s representative director were located, for the provisional attachment of KRW 316m2 (hereinafter “instant 1 real estate”), I 1 197m2 (hereinafter “instant 2 real estate”), JJ 516m2 (hereinafter “third real estate of this case”), etc. as of April 26, 1999, the Plaintiff obtained a decision of acceptance on April 26, 199.

(hereinafter “each of the instant provisional seizures”) C.

On November 30, 1999, K was awarded a successful bid of KRW 135,790,000 with respect to the above F Real Estate auction procedure. The plaintiff filed a lawsuit against D and G for the damages claim of KRW 99Gahap3847 and filed a lawsuit against D and G on January 21, 2000. "D jointly and severally with D shall pay to the plaintiff the amount calculated at the rate of KRW 135,790,000 per annum from November 4, 1999 to the day of full payment." The above judgment was finalized on March 4, 200.

On the other hand, each of the instant real estate after the provisional seizure of each of the instant cases was caused by sale from G on December 14, 199 to K in the name of the Plaintiff’s wife.

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