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(영문) 서울서부지방법원 2016.09.30 2016가단209101
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The Plaintiff asserted that the Plaintiff intended to suspend trading due to the occurrence of the outstanding claim in the amount of KRW 56 million against the Geum Pepty Co., Ltd. (hereinafter “Pepty”), which is the outstanding claim in the amount of KRW 56 million. The Plaintiff suggested that the Geum Pepty will provide real estate located in the Dong-dong around May 3, 2015 as security.

On May 7, 2015, the Plaintiff requested the Defendant A, a certified judicial scrivener, to verify the value of the collateral at the Defendant A’s office, who works as the head of the office, and submitted a reply to the effect that “the publicly notified land price is KRW 30 million, and there is no value as a collateral.”

Around June 8, 2015, the Plaintiff proposed to offer as security a 4,576 square meters of C forest and D forest and 4,576 square meters of land in Seosan-si, Seosan-si, Seosan-si, and the Plaintiff.

6. Around October, an explanation of the situation to Defendant A and an inquiry of the official land value of the forest land.

After Defendant A, since the officially announced value of the above forests and fields is equivalent to KRW 200 million, it would have sufficient value as a collateral. Accordingly, the Plaintiff agreed to receive the payment of KRW 56,865,00 in installments and the outstanding amount of KRW 56,865,00 for six months and set up a mortgage on the above forests and fields, and supply additional goods to KRW 120,000,000 including the outstanding amount of money.

The Plaintiff made a contract in accordance with the above agreement and paid the necessary remuneration to the Defendant upon requesting the Defendant to proceed with the procedure for creating the right to collateral security. Around June 17, 2015, the Plaintiff entered into a contract under the goods supply contract with the Defendant A.

6. 18. The establishment of a mortgage in the nearest maximum debt amount of KRW 150,000 shall be completed.

Since then, the Plaintiff supplied the frozen fishery products of KRW 77,100,000 to the Geum Pu Food by July 14, 2015, but only 14,7550,000 out of the existing accounts receivable was paid.

On August 17, 2015, the Plaintiff filed an application for voluntary auction with the Daejeon District Court Seosan Branch E, and the remaining amount of credit after the Plaintiff received dividends of KRW 93,913,898 at a higher price than the expected amount of credit, = 25,301,102, = 119,215,00-amount of the claim.

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