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(영문) 대전지방법원 2015.01.29 2014가합6262
약정금
Text

1. As to the Plaintiff’s Intervenor’s Intervenor’s KRW 470,710,80 and KRW 75,000 among them, Defendant B from August 31, 2005 to June 1, 2014

Reasons

Based on the facts, Defendant B was the representative director of D (hereinafter “D”). Around April 1996, Defendant B agreed to pay in lieu of performing the obligation to pay the construction price to E Co., Ltd. (hereinafter “E”), 5 households and 4 households of the apartment building newly constructed on the ground of Gyeonggi-gu F, Gyeonggi-do, in lieu of performing the obligation to pay the construction price (G shopping building Nos. 101, 102, 103, and 104; hereinafter “instant commercial building”). Defendant B created a joint mortgage on the instant commercial building owned by D to the Korea Housing and Commercial Bank on October 9, 1997, with the maximum debt amount of 650,000,000, and on May 26, 1998, the joint collateral mortgage on the five households of the apartment building, which is the maximum debt amount of 260,000,000 won.

At the time of establishing the above-mortgage, the sale price of the instant commercial building was 395,710,800 won in total (161,891,500 won in the instant commercial building, and 80,916,700 won in 102, 103, and 104 respectively).

A was the representative director from June 26, 1991 to December 15, 1993 of E, and E was the joint and several surety at the time of receiving a loan from the Korea Credit Guarantee Fund, and E became incapable of performing this.

Accordingly, on August 10, 200, A received the right to claim the transfer of title and the right to dispose of the commercial buildings in this case and the above five households of the apartment from E to E in payment in kind.

As above, Defendant B filed a criminal complaint against Defendant B by setting up a joint collateral on the commercial buildings and apartment units that may be transferred to E, and Defendant B was indicted for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Misappropriation) and was tried by Seoul Eastern District Court 2004Kahap62 (hereinafter “instant criminal trial”).

While the criminal trial of this case is underway with Defendant B on August 23, 2004, A transferred the ownership of the commercial building of this case to a person designated by Defendant B, and immediately cancelled the right to collateral security of 650,000,000, which is currently established in the commercial building of this case, and ② as compensation for damage to five households of the above apartment of this case already disposed of.

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