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(영문) 광주고등법원 2015.12.02 2014나4674
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. In the auction procedure with respect to each real estate listed in the separate sheet, D’s report of lien by a limited liability company and decision of permission for sale to the Defendant and H is 1) limited liability company D(hereinafter “foreign company”).

(2) Each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) shall be

(2) On October 26, 2009, the Defendant and H reported the right of retention for each of the instant real estates (4.1 billion won for purchase) from the auction court, on the premise that there was a claim for construction price of KRW 1.4 billion for the building listed in [Attachment List No. 5] in the auction procedure for F real estate rental in the Ganpo District Court of Gwangju.

B. On February 9, 2010, the agreement on the right of retention of the non-party company between the non-party company and the defendant is reached and the agreement amounting to one billion won as the holder of the right of retention of the non-party company F in Gwangju District Court, Gwangju District Court, as the holder of the right of retention, will implement the following:

- The amount paid at the time of bank loans: 10 million won - the amount of creation of a right to collateral security: 90 million won - the amount of creation of a right to collateral security offered to a bank in the order following the opening of a bank (second priority) - The expenses of creation shall be borne by

-the due date shall be no later than three months from the date of creation of the Bank; however, the due date shall be two percent (2%) per month; all documents necessary for the creation of the right to collateral in the order following the establishment of the Bank shall be agreed at the same time when the documents for creation

1) The Plaintiffs, as co-representative directors of the non-party company, are the wife of H, representing the Defendant on February 9, 2010.

The following terms and conditions are as follows (A evidence 1; hereinafter referred to as the “instant arsenal note”) and the agreement under the instant arsenal note shall be “instant agreement”:

was drawn up.

At the time, in relation to whether the plaintiff A and I have the authority to act on behalf of the defendant, there was a dispute between the plaintiff A and I.

A mandatary, agent, or agent: A person above is designated as the defendant's representative and is subject to the following delegations:

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