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(영문) 서울서부지방법원 2019.11.28 2019가합32262

근저당권설정등기말소

Text

1. On May 19, 2016, the Defendant: (a) as to each real estate listed in the attached list to the Plaintiff, the lower court located in the Chuncheon District Court.

Reasons

1. Basic facts

A. On February 22, 2016, C Co., Ltd. (hereinafter “C”) entered into an agreement with D (hereinafter “D”) on a credit card settlement service agency agreement with D to pay money equivalent to 9.9% of the total amount of settlement in D as fees for such settlement agency services, on behalf of D, with respect to various goods and services sold in D (hereinafter “D”).

(hereinafter “instant agency agreement”). (b)

On January 28, 2016, E Co., Ltd. (hereinafter “E”) entered into a F electronic payment settlement service contract with the content that E shall receive payment payment from an individual credit card company and pay it to D after deducting some of the fees if sales and settlement are made using F, an electronic payment settlement service provider that provides D’s goods, etc., for a one-year contract period between D and D.

(hereinafter referred to as “instant settlement agency service contract”). (c)

E requested D to provide a collateral in order to secure the amount to be recovered from D, in the event that credit card approval is revoked for a credit card payment for a credit card payment, and the plaintiff who was in a relationship with C had a relationship with C was offered a collateral.

Accordingly, on May 19, 2016, the Plaintiff concluded a mortgage agreement with the Plaintiff, the obligor, and the mortgagee E with respect to each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”) as to the maximum debt amount of KRW 900 million (hereinafter “mortgage agreement”). As to each of the instant real estates, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with the Chuncheon District Court as the receipt of Article 9128 of May 19, 2016, as to each of the instant real estates, as to May 19, 2016.

E on April 11, 2018