beta
(영문) 의정부지방법원고양지원 2020.09.16 2019가단98937

근저당권말소 등

Text

The defendant shall receive on November 13, 2015 from the Daegu District Court Branch of the Seogu District Court with respect to real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On November 1, 2015, the Plaintiff, who runs the wholesale and retail business of books and magazines, and the Defendant, who runs the business of publishing, producing, and selling books and magazines, entered into a branch contract with the Plaintiff on November 1, 2015 (hereinafter “instant contract”).

In order to guarantee the implementation of the instant contract under the instant contract, the Plaintiff completed the registration of the establishment of a mortgage on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with the maximum debt amount of KRW 50,000,000, and the debtor and the mortgagee as the Defendant (hereinafter “registration of the establishment of a mortgage on the instant real estate”).

Article 2 (Term of Contract)

1. The term of contract shall be from November 1, 2017 to October 30, 2018;

2. When either party intends to terminate a contract, it shall notify its intention to terminate the contract in writing one month prior to the expiration of the contract term, and the contract shall be renewed on an annual basis each year.

Article 13 (Security, Security Deposit, and Trading Limit)

1. In order to guarantee the performance of a contract, the Plaintiff shall establish a collateral security or guarantee insurance or deposit a transaction deposit with the Defendant.

10,000 No. 16 (Duties upon termination and termination of a contract) of 10,000 won

1. Where a contract is terminated or terminated between the defendant and the plaintiff, the plaintiff shall lose the benefit of time and immediately repay all obligations.

In such cases, the defendant may take necessary measures, such as recovering inventory goods and executing security, and the plaintiff may not raise an objection.

In addition, when the repayment of the plaintiff's obligation is delayed, the defendant may demand the payment by adding the statutory interest.

2. The recognition of return shall be recognized only for the portion of return at the head office within one month after the termination and cancellation of transaction;

Provided, That where the deadline for return is extended, it shall be determined by mutual agreement in writing.

B. The Plaintiff and the Defendant’s contract period from November 1, 2017 to October 31, 2018.