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(영문) 의정부지방법원고양지원 2014.08.21 2013가합7554
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around December 19, 201, Nonparty D was designated as an intermediate wholesaler of the E joint market established and operated by the Defendant and supplied livestock products to F Co., Ltd. (hereinafter “F”) from around 26th of the same month to April 5, 2013. From November 12, 2012, F entered into a transaction agreement with the Defendant and D with the content of providing F with credit for 14 days in relation to the aforementioned attempted amount and the settlement of the purchase price of livestock products to be generated in the future.

(B) an intermediary wholesaler, such as D under the general livestock product distribution structure, purchases livestock products supplied by a producer through auction and supplies them again to a wholesale retailer, such as F.

The Plaintiff came to know of H with the introduction of G at the time. On November 15, 2012, the Plaintiff entered into an agreement with H to pay KRW 300,000,000,000, plus KRW 50,000,00, which is necessary for the supply and demand of livestock products of F, within 15 days from the date of providing collateral. On November 13, 2012, the Plaintiff signed and sealed the agreement with H to provide collateral (hereinafter “instant agreement”). Around November 15, 2012, the Plaintiff entered into the agreement with the Defendant to provide collateral (hereinafter “instant agreement”). Around November 15, 2012, the Plaintiff signed and sealed the agreement to provide collateral (hereinafter “instant agreement”) with the Defendant as collateral with respect to the amount of maximum debt amount of the instant real estate as KRW 459,00,000,00 with respect to the instant real estate as collateral.

After that, on November 16, 2012, the registration of the establishment of the mortgage of this case was completed on the ground of the above mortgage contract.

C. The Defendant’s intermediate wholesaler on April 5, 2013.

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