근저당권말소
The judgment of the first instance court is modified as follows.
A. The defendant received KRW 1,143,560,420 from the plaintiff.
1. The grounds for this part of the basic facts are as stated in the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Summary of the parties' arguments
A. The instant contract falls under the terms and conditions, which is the primary argument of the Plaintiff, and on the following grounds, the Plaintiff’s liability for damages against the Defendant does not exist: (a) as the Plaintiff’s declaration of termination of the contract was lawfully terminated on October 1, 2018 by means of the Plaintiff’s declaration of termination of the contract.
Therefore, as the secured debt of each of the instant lower right, only the Plaintiff’s credit payment obligation against the Defendant remains. Since the Plaintiff fully repaid this, the Defendant is obligated to implement the procedure for cancelling the registration of cancelling each of the instant lower right creation.
A) Article 3(1) of the instant supply contract provides that “The contract period shall be extended by the expiration date of the contract term for the lease of facilities where the Plaintiff received the facilities without compensation,” and Article 6(1) and Article 6(3) of the instant supply contract provides that “if the Plaintiff did not pay the product price and all other claims by the expiration date of the contract term, the contract term shall be automatically extended even if the Plaintiff’s refusal to renew the contract was made by one month prior to the expiration date,” is an important content of the said contract, which is subject to the duty of explanation pursuant to Article 3(3) of the Regulation of Standardized Contracts Act (hereinafter “Standard Contract Regulation Act”). As the Defendant violated this, it cannot be asserted as the content of the contract pursuant to Article 3(4) of the same Act.
(2) Articles 6(1) and 6(3) of the instant supply contract provide that the duration of existence is unreasonably short or long, or impliedly long, or that it can be extended or renewed.