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(영문) 서울동부지방법원 2018.07.26 2017가합108569
근저당권말소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company with the purpose of wholesale business for pharmaceutical products, and D (hereinafter “D”) is a company with the purpose of manufacturing, wholesale and retail business, and export and import sales business for non-pharmaceutical products.

B. Around February 2014, Defendant and D entered into an agreement on the exclusive supply and sale of oil products manufactured and sold by D as to the domestic pharmacy entry and sale of oil products, and the exclusive sale contract (hereinafter “instant supply contract”). The main contents are as follows.

Article 7 (Payment of Price)

1. The defendant shall pay D the down payment in cash, and D shall provide a security for 500 million won of the down payment until the goods equivalent to this amount are put into custody to the defendant.

Article 9 (Conditions of Return) If there are products required by D to return deteriorated or damaged products or customers among products provided by D, D shall immediately return or exchange all such products.

Provided, That the defendant shall cooperate with D to the maximum extent to prevent the return to the utmost extent.

Where the return of the PP is required after the date of sale, the period of return shall be from December 1 to December 30 of the year concerned, and the defendant shall return the goods to D during that period, and D shall be supplied again to the defendant with the products that can be sold at the time of commencement of the next PPP.

C. On February 24, 2014, the Plaintiff, holding 40% of the total D shares, entered into a mortgage agreement with the Defendant and Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant mortgage agreement”) with respect to the size of 327.6m2, as follows. On February 25, 2014, on February 25, 2014, the Plaintiff completed the registration of the establishment of mortgage (hereinafter “instant mortgage”) with the Seoul East East District Court No. 9778, Feb. 25, 2014.

A creditor and a mortgagee of a right to collateral security: A mortgagee of a right to collateral security: The maximum debt amount of the plaintiff: The plaintiff shall be 500,000,000 won, as follows:

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