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(영문) 대구지방법원안동지원 2014.10.01 2012가단4855
근저당권말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Status of the parties 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

) The meat plant located in Ansan-si (hereinafter referred to as “instant plant”).

(2) The Defendant is a company that engages in the business of producing and consigned processed livestock products, such as pigs and cattle, and Plaintiff B is the representative director of Plaintiff A, and Plaintiff C is a parent of Plaintiff B, who completed the registration of the establishment of a neighboring mortgage on each real estate indicated in the separate sheet in order to secure the payment of the borrowed money from the Defendant. 2) The Defendant is a company that engages in meat distribution business, feed sales business, and meat construction business using the brand name of “Wrek” or “Wrek”.

On January 4, 2011, the Defendant: (a) divided and incorporated a company pursuant to Article 530-2 of the Commercial Act; (b) changed the name of the Defendant, a surviving company, into “Advanced branch owner of a stock company”; and (c) determined the name of the newly incorporated company as “Advanced owner of a stock company” as the name of the Defendant; and (d) the Defendant, a newly incorporated company, decided to take charge of investment projects, excluding the subject of division, in relation to the mixed feed and the instant lawsuit among the businesses of the company

[hereinafter] Unless it is necessary to distinguish between the defendant (titled company prior to the division) and the advanced company, which is a new company, are not distinguished and simply "the defendant".

On June 1, 2007, the Plaintiff A and the Defendant, on June 1, 2007, entrusted the Plaintiff with the slaughter and processing of pigs, and the Plaintiff A entered into a forest road and forest road processing contract with the content that the Defendant entrusted the Plaintiff with the slaughter and processing of pigs, and that the Plaintiff A would, after slaughter of pigs taken over from the Defendant, processed and deliver them with the partial meat in accordance with the standard form designated by the Defendant.

The above contract shall be referred to as "the June 1, 2007 contract" and all of the above contract and the agreement dated February 20, 2008, February 22, 2008 and September 23, 2008 shall be deemed to be below.

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