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(영문) 대전지방법원홍성지원 2017.05.11 2016가합1059
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) limited liability company A and the Defendant B jointly and severally to the Plaintiff (Counterclaim Defendant) amounting to KRW 520,000,000 and that amount.

Reasons

1. Basic facts

A. On July 4, 2011, the fishery partnership corporation owned the factory site C (hereinafter “instant factory”) and the above factory building (hereinafter “instant factory site,” referring to both the instant land and factory,” hereinafter “each of the instant real estate”) in Seocheon-gun, Chungcheongnam-gun, and the Defendant A entered into a contract with the Defendant-Counterclaim Plaintiff Limited Liability Company A (hereinafter “Defendant A”) (hereinafter “Defendant A”) on July 4, 201, to supply the movables listed in the attached list (hereinafter “instant machinery”) in the attached list to the fishery partnership corporation by October 28, 201, and the amount of KRW 1,371,260,00 (from the following to the change into KRW 94,40,000) (hereinafter “instant machinery”). The instant machinery ownership was reserved to the Defendant A until the payment is made in full (hereinafter “the instant machinery supply contract”).

B. Although Defendant A installed the instant machinery in the instant factory, D fishery partnership corporations did not pay the remainder of KRW 186,630,580 among the instant machinery prices.

C. On March 13, 2012, D fisheries partnership received a loan as security for each of the instant real estate and the instant machinery, and submitted a list of the machinery and equipment including the instant machinery (hereinafter “facilities including the instant machinery, etc.”) under Article 2012-12 of the Factory and Mining Foundation Mortgage Act, which completed the registration of the establishment of the neighboring mortgage on each of the instant real estate to the Minecheon Agricultural Cooperative, and Article 6 of the List of Factory and Mining Foundation Mortgage Act (hereinafter “factory Mortgage Act”).

The Macheon Agricultural Cooperative applied for the auction of real estate based on the foregoing collateral security (hereinafter “instant collateral security”). On December 10, 2014, the decision to commence auction was made on December 10, 2014.

In the instant auction procedure, the Plaintiff (Counterclaim Defendant, and Plaintiff (hereinafter “Plaintiff”) paid KRW 1,810,190,000 as of August 10, 2016 after obtaining the decision to permit sale on July 12, 2016, and each of the instant real estate and the instant machinery and equipment.

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