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(영문) 서울고등법원 2015.09.03 2015나2015717
손해배상청구의 소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Basic facts

A. The status of the party is the oil supplier, and the defendant is a local government that has the duty to issue a certificate of seal impression as part of its business.

B. On September 2008, the Plaintiff entered into a oil supply contract and the registration of establishment of a neighboring mortgage between the Plaintiff and the Ors Korea (1) and the Plaintiff changed its trade name into “Usk Petroleum Co., Ltd.” (hereinafter “Usk Korea”).

hereinafter referred to as “the Lao Korea”

(2) On October 28, 2008, Korea concluded an oil supply contract with the Korea and continuously concluded an oil supply contract by changing the content thereof. The Plaintiff is provided with security from the Korea, and the Plaintiff supplied the oil to the Korea on credit each month within the limit of credit equivalent to the secured value. If the Korea does not pay any portion of the amount of the oil for more than one month, it agreed with the Korea to suspend the transaction of credit without any additional collateral. Accordingly, the Korea has set up a right to collateral on the land located in the Chungcheongbuk-gun for the transaction of credit, and the Korea has set up five additional right to collateral on August 14, 2012 to the Plaintiff for the transaction of credit. (2) However, the Korea has suspended the transaction of credit from October 10 to 14, 2012 in accordance with the agreement to suspend the transaction of credit, and the Plaintiff has to supply the oil from the Korea on credit after the suspension of the transaction of credit.

On October 5, 2012, the Republic of Korea completed the registration of creation of a neighboring mortgage (hereinafter “registration of this case”) with respect to the land of Pyeongtaek-si B 27,047 square meters (hereinafter “instant land”) owned by A on October 5, 2012, the Suwon District Court received on October 5, 2012 from the obligor case Korea, the maximum debt amount of which is KRW 3,000,000,000, and the right to collateral security (hereinafter “registration of this case”). The Plaintiff accordingly.

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