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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts of basic facts may be admitted, either in dispute between the parties or in each entry in Gap evidence Nos. 1, 3, 4, 5, 7, and Eul evidence Nos. 1 and 2 (including additional numbers), together with the whole purport of the pleadings:
On September 29, 2005, the Defendant entered into a contract for goods supply of X-ray alcoholic beverages with the content of continuous provision of alcoholic beverages, etc. to X-ray comprehensive alcoholic beverages, and the Plaintiff completed the registration of creation of each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each real estate of this case”) to secure the Defendant’s obligation for the purchase of goods of X-ray comprehensive alcoholic beverages, 10 million won with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each real estate of this case”).
B. After that, X-ray comprehensive alcoholic beverages were processed as a default on March 2014, and the Defendant, X-ray comprehensive alcoholic beverages, and large-scale alcoholic beverages sales company (hereinafter “large-scale alcoholic beverages sales”) on May 8, 2014, the goods payment liability of KRW 101,180,90 for the Defendant of X-ray comprehensive alcoholic beverages (hereinafter “large-scale alcoholic beverages sales”) was 100 million for the goods payment liability of KRW 100 million for the Defendant of X-ray comprehensive alcoholic beverages. However, among them, 1,180,90 for large-scale comprehensive alcoholic beverages were subrogated in cash around that time.
(hereinafter “instant acquisition obligation”) entered into a contract to assume the obligation (hereinafter “instant contract to assume the obligation”) with the content of acquiring the obligation jointly (hereinafter “instant obligation”).
At the time of the instant contract for acceptance of obligation, Dae Pung Alcoholic Beverages sales decided to pay KRW 100 million each month from May 31, 2014 to June 30, 2015, and KRW 7.6 million each month from July 31, 2015. To secure this, a promissory note with face value of KRW 6.6 million and KRW 7.6 million each month was issued.
C. Accordingly, on May 28, 2014, the Plaintiff is the Defendant, X-ray comprehensive alcoholic beverages.