logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.11.17 2014가단206111
구상금
Text

1. As to KRW 93,567,412 and KRW 92,057,842 among the Plaintiff, Defendant A’s year from January 17, 2014 to March 5, 2014.

Reasons

1. Claims against Defendant A and C

(a) Indication of claims: To be as shown in the reasons for the claims;

(Provided, That the part against Defendant A and C and the part on each real estate listed in the separate sheet 1 to 3). (b)

Article 208 (3) 2 of the Civil Procedure Act provides for a judgment of deemed confession.

2. Determination as to the claim against the defendant B

A. The amount of indemnity that Defendant A shall pay to the Plaintiff according to the credit guarantee agreement of this case, as stated in attached Form 1, is KRW 93,567,412 as of January 17, 2014, as of January 17, 2014.

(2) On August 8, 2013, Defendant A entered into a mortgage agreement with Defendant B regarding each of the instant real estate listed in the separate sheet, including each of the instant real estate listed in the separate sheet Nos. 1 through 3 (hereinafter “each of the instant real estate”), with the maximum debt amount of KRW 460,000,000 (hereinafter “instant mortgage agreement”) as joint collateral. On August 16, 2013, Defendant B completed the registration of establishment of neighboring mortgage (hereinafter “registration of establishment of each of the instant real estate”) with regard to each of the instant real estate as described in the separate sheet No. 3 (a).

(3) At the time of entering into the instant mortgage contract, Defendant A’s active property was 2,136,536,920, as stated in the attached Form’s active property and details of small property at the time of entering into the instant mortgage contract, whereas Defendant A was in excess of his/her obligation as KRW 2,914,548,754.

(4) At the time of entering into the instant mortgage contract, the market price of the real estate listed in paragraph (1) of the attached Table No. 1,436,940,00 won; the market price of the real estate listed in Paragraph (2) of the attached Table No. 2 of the attached Table No. 340,415,520 won; and the market price of the real estate listed in Paragraph (3) of the attached Table No. 3 of the attached Table No. 41,856,40 won; and the amount of the secured claim of the senior secured right established on each of the above real estate at the time of entering into the instant mortgage contract, namely, the secured claim of the senior secured right, which was established on each of the above real estate; and KRW 1,228,525,534 won [=482,9766 won; KRW 480,853,139 won (B) 264,694,629 (C)];

arrow