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(영문) 대구지방법원 2016.07.15 2015가단124665
근저당설정등기 말소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, who is engaged in the business of manufacturing and selling aggregate sheets with the trade name of “C”, sold the frame for manufacturing booms (hereinafter “bood paper”) from January 2008 to December 201 to D (representative E) engaged in the business of manufacturing paper boxes.

B. On December 13, 2011, the Defendant drafted a notarial deed of debt repayment contract with collateral security to the effect that “E approves that a notary public bears the obligation of KRW 97,362,163 against the Defendant,” and that “E shall repay the said money by August 31, 2012, and in the event that it fails to perform the said obligation, it shall be acknowledged that there is no objection even if compulsory execution is conducted, and that it shall offer corporeal movables, such as the E-owned mat, foundation, and upline, as collateral security, for the purpose of securing the performance of the said obligation.”

C. On March 9, 2012, F, the father of E, prepared a joint and several surety to the Defendant that “D(E) will jointly and severally pay all the obligations that D(E) owes in the course of commercial transactions with the Defendant,” and issued it to the Defendant.

F On October 30, 2012, the F registered the manufacturing business with the trade name called G as its representative, and became difficult to supply and demand the original land.

E. On June 5, 2013, the Plaintiff and F, the mother of F, entered into a contract with the Defendant that “F shall borrow KRW 100 million from the Defendant on the same day, pay the said money by December 31, 2013, and deliver to the Defendant a certificate of borrowing “the Plaintiff shall jointly and severally guarantee the payment of the said loan.” On the same day, the Plaintiff entered into a contract with the Defendant and the Plaintiff on each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each real estate of this case”) with respect to each real estate listed in the Defendant and the Plaintiff’s (hereinafter “each real estate of this case”) within the scope of the above amount, she set the maximum amount of claim 10 million, the debtor F, and at present, set up a collateral for all obligations owed by F to the Defendant.” On the same day

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