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(영문) 전주지방법원 2015.11.23 2014나10000

청구이의

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. A. On April 28, 2011, SPF Co., Ltd. (hereinafter “Defendant”), the Plaintiff entered into a goods transaction agreement with the Plaintiff (hereinafter “instant goods transaction agreement”) and supplied the Plaintiff with goods, such as freezing 5,428,700 won in total, from May 21, 201 to December 8, 2011.

B. On May 20, 201, the Plaintiff created a collateral security (hereinafter “instant collateral security”) with a maximum debt amount of KRW 30,000,000 on the instant real estate in order to secure a debt for the purchase of goods pursuant to the instant goods transaction agreement.

C. As of July 16, 2012, the Plaintiff recognized that the obligation amount of the remainder of the goods under the instant goods transaction agreement is KRW 24,938,541, and drafted a letter of undertaking to repay it in 200,000 per month.

On the other hand, on October 28, 2013, the Plaintiff deposited KRW 9,333,593 with respect to the above goods payment obligation in this court.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4-1, 2, 5-1, 3, 7-7, Eul evidence 1, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Since the secured debt became extinct as follows, the Defendant is obligated to implement the registration procedure for cancellation of the registration of cancellation of the establishment of the mortgage of this case to the Plaintiff.

B. ① The Plaintiff repaid the Defendant the total amount of KRW 32,100,000 out of KRW 55,428,700.

② Of the remainder of KRW 23,328,70, the value of the goods that the Plaintiff is liable to return to the Defendant as defective goods and goods that the Plaintiff is liable to return to the Defendant, and the amount of goods that the Plaintiff was liable to return to the Defendant, which are KRW 7,216,200, and the amount of goods to be returned, are sold to the Plaintiff’s customer.