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1. The Defendant shall calculate the amount of KRW 16,437,643 from the Plaintiff and the rate of KRW 6% per annum from July 1, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On May 31, 2013, the Plaintiff created the right to collateral security (hereinafter “instant right to collateral security”) of KRW 120,000,000 with respect to each real estate indicated in the separate sheet to B Co., Ltd. (hereinafter “Nonindicted Company”).
B. On January 15, 2019, the Defendant received a payment order from the non-party company as the Daegu District Court 2019 tea518, and on August 16, 2019, issued a seizure and collection order with the amount claimed as KRW 2,328,572,841 against the non-party company’s Plaintiff as the Daejeon District Court Branch Branch of Daejeon District Court 2019TTT106890, which issued a seizure and collection order with respect to the claim against the non-party company’s Plaintiff. The seizure and collection order reached the Plaintiff on September 25, 2019.
Accordingly, on September 30, 2019, the additional registration of seizure of claims against collateral security was made with respect to each real estate listed in the separate list.
C. On February 25, 2020, upon the Defendant’s application, the voluntary auction procedure was initiated to Daejeon District Court C with respect to each real estate listed in the separate sheet.
[Ground of recognition] Gap evidence Nos. 1 through 4, 14, 15, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Assertion and determination
A. Since the Plaintiff asserted that the right to collateral security of this case was fully repaid by the Plaintiff, the Defendant, a third party with interest in the registration, shall express his/her consent to the registration of cancellation of the right to collateral security of this case.
B. Fact-finding 1) The Plaintiff is a company that aims to build, manufacture, and sell agricultural and livestock products. The purpose of the Plaintiff is to manufacture and sell steel structures. The Plaintiff has been supplied with goods from the non-party company since June 201. The Plaintiff and the non-party company settled the unpaid amount of 78,603,961 won as of May 31, 2013, and the Plaintiff agreed to pay every 36 months the remainder of 20,288,763 won to the non-party company on a monthly basis after the lease is terminated.
The plaintiff is the plaintiff.