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(영문) 춘천지방법원원주지원 2015.09.10 2014가합761
배당이의
Text

1. It was concluded on July 10, 2013 with respect to each real estate listed in the separate sheet between Defendant A and Quota Co., Ltd.

Reasons

1. Facts of recognition;

A. The Plaintiff supplied steel products from October 6, 2010 to July 8, 2013 to a company engaging in the manufacture, sales, etc. of steel products. The Plaintiff failed to pay the price due to the suspension of current account transactions around July 10, 2013.

B. Accordingly, the Plaintiff filed a lawsuit against chloroethyl et al. to seek the price of goods, and the said lawsuit was initiated by public notice, and on February 20, 2014, the judgment rendered on the judgment that “Plus et al. jointly and severally pay 968,870,841 won and its delay damages to the Plaintiff,” and the said judgment became final and conclusive around that time.

C. Meanwhile, the Plaintiff’s unpaid price (including unpaid bills) is KRW 332,928,003 as of December 20, 201 (i.e., KRW 153,465,000 on credit sales) (i.e., KRW 179,463,00 on credit sales) and KRW 494,108,953 as of July 24, 2012 (i.e., KRW 209,872,453 on credit sales).

On December 20, 2011, Switzerland entered into a mortgage agreement with Defendant Bluse Lease, which is a maximum debt amount of KRW 500 million, obligor lusene, obligee, and Defendant Bluse Lease, with respect to each of the instant real estate (hereinafter “first mortgage agreement”). On December 21, 201, the court completed the registration of establishment of a neighboring mortgage under the No. 71712, Dec. 21, 201.

In addition, on July 24, 2012, chloroethyl entered into a mortgage agreement, which is a maximum debt amount of KRW 500 million, obligor Maximum ethyl, obligee, and Defendant Doneste Lease, with respect to each of the instant real estate (hereinafter “second mortgage agreement”), and completed the establishment registration of a mortgage as the receipt of No. 43079 on July 25, 2012 by the court.

E. Furthermore, on July 10, 2013, ethyl shall enter into a third mortgage agreement with Defendant A on each of the instant real estates, which is KRW 300 million with respect to each of the instant real estates, including the maximum debt amount, the obligor Maximum, and the obligee A (hereinafter referred to as “third mortgage agreement”).

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