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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Since May 2017, the Plaintiff was a corporation established for the purpose of the paper sales business, the pelpel paper, and the business of manufacturing the pelpel paper boxes, the Plaintiff supplied C with the pelpel paper boxes and the pelpel paper boxes.
B. On June 11, 2018, where C did not pay the price of goods to the Plaintiff that occurred from February 1, 2018, C concluded a mortgage agreement with the Plaintiff on June 11, 2018 with the purport of setting up a maximum debt amount of KRW 3 billion as joint collateral for the land for factory land D 7,572 square meters and the building on the ground (hereinafter “heat factory site and building”) at the time of the Plaintiff as the secured claim for the above goods price claim between the Plaintiff and the Plaintiff. On the same day, C concluded a mortgage agreement with the Plaintiff on June 21, 2018 with the purport of setting up the maximum debt amount of KRW 3 billion as joint collateral (hereinafter “mortgage 1”). On June 21, 2018, C concluded a mortgage agreement with the Plaintiff as the secured claim for the above goods price claim, and additionally set the joint mortgage agreement with the Plaintiff as the maximum debt amount of KRW 200,054 square meters for factory land E-gu,054 square meters and its ground (hereinafter “mortgage factory site and building site”).
(hereinafter referred to as “the establishment registration of the second neighboring mortgage of this case”) C.
C In August 21, 2018, upon the occurrence of the obligation to pay the price for the goods that was not paid to the Plaintiff by the date of August 21, 2018, C, on August 22, 2018, approved the fact that “from February 1, 2018 to August 22, 2018, the Plaintiff bears the obligation to pay the price for the goods at KRW 3 billion from February 1, 2018 to August 22, 2018,” and delivered to the Plaintiff by entrusting the preparation of a notarial deed of debt repayment to the effect that “The installment repayment shall be made in KRW 1 billion from September 14, 2018, KRW 50 million from September 30, 2018, KRW 1.5 billion from September 30, 2018, and KRW 1.5 billion from October 31, 2018.”
Meanwhile, “C” under Article 270 of the 2018 Document G 2018, July 2, 2018, as “C”, means the amount of 100 million won with the maturity of January 31, 2019, and June 2, 2018.