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(영문) 인천지방법원부천지원 2015.09.03 2014가단9788

공동저당권등록말소

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1. Joint mortgage concluded on February 4, 2014 with respect to each motor vehicle listed in the separate sheet between the defendant and the stock company.

Reasons

1. Basic facts

A. On February 21, 2008, the Plaintiff entered into a technical cooperation agreement (hereinafter “instant sales and technical partnership agreement”) with Tinium heat treatment machinery and equipment sales and technical alliance agreement (hereinafter “instant sales and technical alliance agreement”).

B. On April 25, 2013, the Plaintiff agreed to cancel the instant agreement on the sales and technical alliance agreement with the non-party company (hereinafter “instant agreement”). The Plaintiff delivered the non-party company to a place designated by the non-party company (D military plant) by April 30, 2013 in the present state of TRH machinery, and the non-party company paid 330 million won to the Plaintiff in installments, and the non-party company agreed to issue a promissory note with respect to KRW 100 million as of July 30, 2013 and a promissory note with respect to KRW 200 million as of December 30, 2013 and to issue it in notarized.

C. According to the agreement of this case, the non-party company issued, on April 25, 2013, a promissory note with a face value of KRW 100,000,000 at face value, the payee, the due date for payment, July 30, 2013, and each promissory note with a face value of KRW 200,000,000 at face value, the payee, the due date for payment, and the due date for payment as of December 30, 2013, respectively, to the Plaintiff. The non-party company drafted a notarial deed stating that the notary public does not raise any objection even if he/she is subject to compulsory execution if he/she delays the payment of the face value to the bearer of the said note.”

(hereinafter “each of the instant notarial deeds”) D.

According to the agreement of this case, the non-party company paid to the Plaintiff the sum of KRW 30 million out of KRW 30 million on April 9, 2013, KRW 30 million on the agreement of this case, KRW 30 million on June 20, 2013, KRW 70 million on July 20, 2013, and KRW 10 million on July 20, 2013.

E. On February 4, 2014, Nonparty Company entered into a joint mortgage agreement with the Defendant on each of the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicle”), and on the same day, it is below the registration of joint mortgage upon receipt of Non-Party C, which consists of KRW 25,00,000,000 for each of the said motor vehicles.