(영문) 전주지방법원군산지원 2014.09.16 2013가단12940

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(영문) 전주지방법원군산지원 2014.09.16 2013가단12940

청구이의

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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 facts of recognition: ① Private C&P Co., Ltd. (hereinafter “Defendant”) entered into a goods transaction agreement with the Plaintiff on April 28, 2011 (hereinafter “instant goods transaction agreement”) and the same year.

5. From 21. to 8. December of the same year, the Plaintiff supplied 5,428,700 won in total to the Plaintiff.

② On May 20, 2011, the Plaintiff completed the registration of creation of a mortgage amounting to KRW 30,000,000 with respect to the instant real estate in order to secure the Defendant’s obligation to pay for the goods pursuant to the instant goods transaction agreement.

③ As of July 16, 2012, the amount of debt for the remainder of the goods under the instant commodity transaction agreement is KRW 24,938,541.

④ On the other hand, on October 28, 2013, the Plaintiff deposited KRW 9,333,593 with respect to the obligation to pay for the goods in this court.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7 (including each number), Eul evidence No. 1, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff paid 32,100,000 won out of the above 55,428,700 won to the defendant, and the remaining amount of the goods to be returned to the defendant from the price of the goods is 7,216,200 won, the value of the goods to be returned to the defendant, and the value of 1,98,400 won among the goods to be returned, and the amount of 5,149,491 won for the freezing warehouse rent paid by the plaintiff to keep the goods to be returned. Thus, the plaintiff's balance of the goods to the defendant is 8,974,609 won.

However, since the Plaintiff deposited the payment of KRW 9,33,593 in excess of the balance of the goods price in this court and the above goods price obligation, which is the secured debt of the above right to collateral security, has expired, the Defendant is obligated to cancel the registration of establishment of the above neighboring goods to the

B. The goods stored in the Defendant’s alleged freezing storage do not fall under the grounds for return under the relevant provisions of the goods transaction agreement of this case, and the Defendant’s employees provided goods directly to the Plaintiff.

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