근저당권설정등기말소등기 청구의 소
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.
1. The reasons for this court's acceptance of the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, except for addition of the following judgments, and thus, they are quoted in accordance with the main sentence of Article 420
2. Additional matters to be determined;
A. The Plaintiff’s assertion is merely the establishment of each of the instant collateral security rights in order to secure the payment obligation for the goods to the non-party company C, and the joint and several debt obligation to the non-party company C is not included in the secured debt of each of the instant collateral security rights.
B. As seen earlier, as seen in the judgment, each of the instant mortgage contract states that C shall include a joint and several obligation or a guaranteed obligation that is currently or will be currently borne by the non-party company with respect to the scope of the secured obligation, and that E, a substantial operator of C, prepared a written consent to the instant security in the non-party company and jointly and severally guaranteed the obligation that G bears to the non-party company.
In addition, comprehensively taking account of the overall purport of the arguments in Eul evidence Nos. 6, 7, 11, 12, 13, and 14, the non-party company: (a) imported computer-related parts and supplied them to domestic distributors including C, and subsequently suspended direct transaction with them on July 2012; and (b) thereafter C was supplied with goods imported by the non-party company from G, etc.; (c) the increased amount of the price for the goods supplied to the non-party company; (c) as of the end of 200 million won due to the increase of the price for the goods, the amount of the debt owed to G reaches KRW 260,00,000; and (d) accordingly, C prepared the written consent of the instant security with the intent to jointly and severally guarantee the debt owed to the non-party company within the limit of KRW 300,000,000,000,000 won, in addition to the existing maximum debt amount.
In addition, the plaintiff and the non-party company will limit the secured obligation of each of the instant mortgages.