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1. The Defendant’s compulsory execution against the Plaintiff is denied based on the Seoul Central District Court Decision 2017Kadan5026945.
2.
Reasons
On September 12, 2016, the Plaintiff (hereinafter “instant corporeal movables”) entered a transfer security for the Defendant to secure the Plaintiff’s obligation by borrowing KRW 200 million from the Defendant on December 11, 2016, with the maturity of payment on December 11, 2016, with the interest rate of KRW 25 million (200 million). In order to secure the Plaintiff’s obligation, the Plaintiff (hereinafter “instant corporeal movables”) established a transfer security for the said equipment, golf car management equipment, golf car 60 vehicles, 11 vehicles, golf clubs, and ancillary facilities (hereinafter “instant corporeal movables”).
(2) In the event that the Plaintiff did not pay the principal and interest by the due date, or did not perform the obligation under this contract, or when the Plaintiff was requested by the Defendant to deliver the transferred property, the possession of the transferred property shall be immediately transferred without objection (Article 11). In the event that the Plaintiff does not perform its obligation, the Defendant may dispose of the transferred property by an adequate method and appropriate it for the repayment of the obligation to pay the said loan, but if the realized money falls short of the repayment of the obligation, the Plaintiff may claim for the shortage thereof from the Plaintiff, and the Plaintiff shall return the remainder (Article 12) to the Plaintiff, if any (Article 12).
As the Plaintiff failed to repay the said debt by December 11, 2016, the Defendant filed a lawsuit against the Plaintiff on February 6, 2017, seeking delivery of the instant corporeal movables based on the instant contract as Seoul Central District Court 2017Kadan5026945.
On April 18, 2017, the plaintiff did not submit a written answer, and the defendant was sentenced to a favorable judgment by non-drawing, and the above judgment was finalized on May 9, 2017.
(hereinafter “instant judgment”). On November 10, 2017, the Plaintiff rendered the Suwon District Court’s branch support for the Defendant.