질권해지 의사진술 청구의 소
1. On February 16, 2015, the Defendant created a pledge on the deposit in the separate sheet against the non-party Abandoned Motor Vehicle Co., Ltd.
1. The facts below the facts of recognition do not conflict between the parties, or may be acknowledged in full view of the whole purport of the pleadings in each entry in Gap evidence 1 to 6.
The defendant was a person who operated D agency located in Yongsan-gu Seoul Metropolitan Government, and the non-party E was a defendant and a motor vehicle sales partner from June 2013 to February 2016, and the plaintiff is the head of E.
B. The Defendant demanded 20,000 won to E to operate a partnership business on the ground that E newly combines with D agencies in which he is his representative and start the partnership business (hereinafter “instant partnership business”).
E paid KRW 20,00,000 as a security deposit to the Defendant on June 2013, and the Defendant prepared and ordered to receive KRW 20,000 as a security deposit for the same business as above.
C. Around February 13, 2015, the Defendant entered into a DNA agency contract (hereinafter “instant agency contract”) under which the Plaintiff would grant the Defendant the authority of the sales agent and the duty of follow-up management of automobiles supplied by the Mean Automobile Corporation (hereinafter “instant agency contract”). Of them, the main provisions relating to the instant case are as follows.
Article 37 (Provision of Security)
5. Security provided by B (D agency) or third parties shall cover the obligations of B (D agency) with respect to A (A) companies regardless of the termination of this Agreement.
6. Even if the contract is terminated, A (A) may withhold the termination of the security while the claim and obligation arising from the business activities of B (D agency) is confirmed;
Provided, That this does not apply where Eul (D agency) requests the termination of existing security while providing a reasonable value-backed security.
The Defendant demanded that E bear KRW 50 million out of the security of KRW 200,000,000, to be provided to Abandoned Motor Corporation according to the instant agency contract.
Accordingly, on February 16, 2015, the Plaintiff, the president of E, is written in the name of the Plaintiff.