Text
1. The Plaintiff:
A. Defendant B received KRW 500,000,000 from the Plaintiff and simultaneously entered in the separate sheet.
Reasons
1. Facts of recognition;
A. On August 14, 2012, the Plaintiff: (a) awarded a successful bid for the instant cartel, and completed the registration of ownership transfer in the name of the Plaintiff.
B. Around October 2012, Defendant Non-Party 2 (hereinafter “Defendant Company”) concluded a franchise agreement with C, D, and C, C, to secure future claims that may arise out of the said franchise agreement. On November 22, 2012, Defendant Non-Party 2 and C, the Plaintiff’s agent, entered into a collective security agreement with the Plaintiff regarding the instant cartel, with the maximum debt amount of KRW 50,000,000, and the obligor D, respectively, registered the establishment of each collective security agreement as stated in Disposition 1(b) under the name of Defendant Company (hereinafter “the first collective security agreement”).
C. On December 19, 2013, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with respect to E and the instant cartel, namely, KRW 500,00,000, KRW 500,000 per month of rent, and KRW 5,000,000 per month of rent, and from January 1, 2014 to December 31, 2015, Defendant B paid KRW 50,000,000 to F, who is a person with the right to make a provisional registration of the instant cartel, as well as the right to collateral security, on the same day. On January 1, 2014, Defendant B was operated with delivery of the said cartel.
In order to secure the Plaintiff’s right to return the deposit under the instant lease agreement, Defendant B concluded a mortgage agreement with respect to E and C as the Plaintiff’s agent, the maximum debt amount of KRW 500,000,000, and the Plaintiff’s obligor’s right to collateral security (hereinafter “second collateral security”) on December 20, 2013, and completed the registration of establishment of each right to collateral security (hereinafter “second collateral security”) indicated in the purport of the claim under Defendant B’s name.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 2 (including each number), Eul evidence 3 through 9, 12, 14 (including each number), Eul evidence 1 through 4, witness G, and F's testimony and the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. According to the above fact-finding on the ground of the claim for delivery of the instant telecom, there is a special reason for recognition.