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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant Company continued to supply materials to B Co., Ltd. (hereinafter “B”). On June 20, 2014, the Defendant Company completed the registration of creation of a mortgage over the maximum amount of debt 200 million won (hereinafter “registration of creation of a mortgage over the first place”) based on the contract on June 19, 2014 with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on the part of the Defendant Company as indicated in the separate sheet to secure the obligation for the supply price.
B. B, on October 10, 2014, when it is difficult to obtain a loan due to credit degradation, transferred 14 concrete mixtures truck 14 units owned by B in the name of the representative director C or D of the Defendant company, and, under the name of D, borrowed a loan on October 10, 2017 by setting a mortgage on the 14 units of the aforesaid concrete mixtures truck from the Geumcheon-jin Saemaul Community Treasury in the name of D and setting the annual interest rate of KRW 9.5%, and the date of repayment of principal and interest.
C. However, as B did not pay the material supply price to the Defendant Company, D received an order to pay B a loan of KRW 180 million with the Jeonju District Court 2014 tea6265 to B, and delayed payment with respect to the loan of KRW 180 million with the Jeonju District Court 2014Da6265, and it received a seizure and collection order against B’s claim for the construction price as the title of execution on January 13, 2015 with the Jeonju District Court 2015 TaT144.
In addition, on January 26, 2015, B obtained from D a motion to cancel the above seizure and waiver of its collection authority, B completed the registration of creation of a mortgage over the maximum debt amount of 100 million won (hereinafter “registration of creation of a mortgage over the second place of the instant case”) due to the contract that was concluded on the same date, and D completed the registration of creation of a mortgage over the maximum debt amount of 80 million won (hereinafter “registration of creation of a mortgage over the third place of the instant case”) due to the contract that was received on January 26, 2015 as of January 26, 2015.
Defendant Company against B from the Jeonju District Court 2015 tea208, July 2014 to December 2014.