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(영문) 제주지방법원 2015.09.25 2015가단51370
근저당권말소
Text

1. On December 9, 2010, the Defendant returned to the Jeju District Court on each real estate stated in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 9, 2010, in order to secure the Plaintiff’s future goods payment obligation against the Defendant, the Plaintiff would be supplied with a brusium box, such as crusitrus, produced by the Defendant. In order to complete the registration of the establishment of the mortgage over KRW 50 million (hereinafter “the registration of establishment of the mortgage on December 9, 2010”), the Jeju District Court completed the registration of the establishment of the mortgage over the maximum debt amount of KRW 51964 (hereinafter “the registration of the establishment of the mortgage”). On September 22, 201, the Jeju District Court received the registration office of Seopospo (hereinafter “the registration of the establishment of the mortgage”) with the maximum debt amount of KRW 50 million (hereinafter “the registration of the establishment of the mortgage on September 22, 2011”).

B. On October 14, 2011, the Plaintiff and the Defendant re-determined the Plaintiff’s credit sales limit to KRW 90 million with respect to the supply contract for the said alley box.

C. On the other hand, on October 13, 201, the Plaintiff and the Defendant concluded a contract, separate from the contract for the supply of the said alley box, to which the Plaintiff would transport the alley box produced by the Defendant on behalf of the Defendant and pay the transport cost to the Plaintiff.

On September 19, 2014, the Defendant filed an application for a voluntary auction of real estate based on each of the above collective security rights on the ground that the Defendant did not receive 34,782,600 won for the goods sold to the Plaintiff according to the contract for the supply of the said peltom boxes, and damages for delay thereof.

E. On September 25, 2014, the Plaintiff and the Defendant entered into a settlement agreement with the Defendant to extinguish the secured obligation of each of the instant collective security interests by setting off KRW 34,782,60, and damages for delay thereof, within the same scope as the Plaintiff’s claims against the Defendant for the transportation of the Bridges against the Defendant, and by paying the remainder of KRW 23,041,790 to the Defendant.

F. The plaintiff is above.

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