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(영문) 수원지방법원안산지원 2019.11.29 2019가단63181
근저당권말소
Text

1. On May 11, 2010, the Defendant issued a registration office of Suwon District Court with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a person who is engaged in wholesale and retail business of Aluminium products with the trade name of "D", and the defendant is a corporation with the purpose of processing Aluminium products.

B. On May 7, 2010, the Defendant registered the creation of the right to collateral security (hereinafter “instant right to collateral security”) equivalent to the obligor, the maximum debt amount of 50 million won, in order to secure the Plaintiff’s debt regarding each real estate indicated in the attached list, while continuously engaging in transactions, such as selling Aluminum products to the Plaintiff.

C. On September 1, 2013, the Plaintiff transferred his/her business to D Co., Ltd. (hereinafter “Nonindicted Company”). As of September 1, 2013, Nonparty Company assumed the Plaintiff’s obligation to pay for the goods to the Defendant, and the amount of the obligation to pay for the goods to the Defendant that took over as of September 1, 2013 is KRW 416,313,076.

On September 9, 2013, Nonparty Company notified the Defendant that “D business operated by the Plaintiff was converted to a non-party company’s operation as of September 1, 2013.”

E. After September 2013, Nonparty Company was supplied with goods, such as Aluminum, in advance with the Defendant and was engaged in transactions in the manner of paying the price of goods from time to time thereafter. The price of goods repaid to the Defendant by December 31, 2014 is KRW 1,383,378,762.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 10 evidence (including each number), the purport of the whole pleadings

2. In the event that a right to collateral security has been created to secure a debt based on a continuous transaction agreement with respect to the cause of the claim, and where there is no possibility that the principal debt expected to be the secured obligation will accrue due to the termination of the transaction relationship, the remaining obligation shall be finalized with the obligation secured by the right to collateral security (see, e.g., Supreme Court Decision 95Da2494, Oct. 29, 196). According to the above recognition, the continuous transaction relationship between the Plaintiff and the Defendant shall be continued.

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