공사대금 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. In the trial scope of this court (the final and conclusive part of the judgment of the court of first instance), ① Joint Plaintiffs A Co., Ltd. of the first instance trial (hereinafter “A”) filed a claim against the Korea Highway Corporation of the first instance trial (hereinafter “Korea Road Corporation”) for damages arising from tort and the claim for construction cost against the Defendant. ② The Plaintiff filed a claim against the Defendant for registration of cancellation of the registration of the establishment of a neighboring mortgage registration, and the first instance dismissed both claims against the Korea Expressway Corporation of the first instance and the Defendant, and accepted the Plaintiff’s claim against the Defendant.
As a result, only the defendant appealed against this, the subject of the judgment of this court is limited to the part of the plaintiff's claim against the defendant (the part of the claim against the Korea Highway Corporation and the defendant among the judgment of the first instance became final and conclusive).
A. 1) Parties A is a company established for the purpose of construction business, metal hold construction business, etc., and the Plaintiff is the representative of A. 2) The Defendant is a company established for the purpose of manufacturing, processing, selling, and constructing synthetic resin and products.
B. On April 2009, A and the Defendant entered into a continuous transaction agreement (hereinafter “instant transaction agreement”) with the main content of “A to continuously purchase products manufactured or produced by the Defendant” (hereinafter “instant transaction agreement”) around April 2009.
(2) On October 29, 2009, the Plaintiff entered into a contract with the Defendant on October 29, 2009, with respect to the instant real estate listed in the separate sheet, which was owned by the Plaintiff, in order to secure the Defendant’s obligation, etc. to be borne at present or to be borne in the future, the ownership transfer registration was completed to F on February 20, 2013.
(hereinafter “The instant real estate”) entered into a mortgage agreement with the Defendant as to the instant real estate, and as to the instant real estate, the Songdong District Court (Seoul Eastern District Court No. 87890, Oct. 30, 2009) received on Oct. 30, 2009, the maximum debt amount of KRW 360,000,00