근저당권설정등기말소 청구의 소
1. From May 12, 2014 to November 15, 2016, Defendant (Counterclaim Plaintiff) paid KRW 37,391,261 from Plaintiff (Counterclaim Defendant) and related thereto. < Amended by Act No. 1437, Nov. 15, 2016>
1. Facts of recognition;
A. On July 27, 2005, the Plaintiff entered into a DNA agency contract with Nonparty C Co., Ltd. (hereinafter referred to as “C”) dealing with the clothing of “B” trademarks and operated the D agency business.
B. On January 16, 2013, the Plaintiff entered into a consignment contract with the Defendant who supplies the clothing of the B trademark (hereinafter “instant contract”). The Defendant assumed the obligation of deposit money to be returned to the Plaintiff by C, and acquired the goods payment claim against the Plaintiff.
Although deposit under the instant contract was KRW 20 million, the Defendant recognized deposit KRW 10 million paid to C by the Plaintiff as the deposit under the instant contract, and received KRW 10 million from the Plaintiff, including KRW 5 million on May 20, 2013 and KRW 5 million on December 3, 2013.
C. In order to secure the cost of the goods supplied by the Defendant, the Plaintiff completed the registration of the establishment of a mortgage on the real estate indicated in the separate sheet owned by the Plaintiff as the maximum debt amount of KRW 50 million, and the registration of the establishment of a mortgage on October 10, 2013, as the receipt of the application, by the Gwangju District Court Maritime Affairs Branch Office No. 295
After entering into the instant contract, the Defendant supplied the Plaintiff with a variety of B trademarks equivalent to KRW 148,869,195.
The Plaintiff and the Defendant decided to terminate the instant contract with the Defendant around May 8, 2014, and at that time the transaction was terminated.
On May 11, 2014, the Plaintiff closed the agency and returned the remaining clothes to the Defendant.
[Ground of recognition] Facts without dispute, Gap 1 through 5, 7, 8, Eul 1, 2 and 3, witness E's testimony and the purport of the whole pleadings
2. Grounds for demanding the principal lawsuit;
A. The Plaintiff in the principal lawsuit was supplied with clothing equivalent to KRW 148,869,195 from the Defendant, and remitted KRW 124,701,156 to the Defendant.
Therefore, the price of goods that the Plaintiff is obliged to pay to the Defendant is KRW 24,168,039, and the amount is KRW 1,703,370,000,000,000,000,000, not related to the Plaintiff, and KRW 108,60,00.