(영문) 부산지방법원 2019.06.19 2018가합1554

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Reasons

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크기(pt)

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자간(%)

(영문) 부산지방법원 2019.06.19 2018가합1554

근저당권설정등기 말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a Co., Ltd. (hereinafter “Nonindicted Company”)

The representative director of the company was the person registered as a liquidator on August 31, 2018 (the non-party company was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 2, 2003, and its registration record was restored in accordance with Article 58(2) of the Commercial Registration Rules on August 31, 2018.

2) The Defendant is a legal entity that aims at manufacturing and selling wholesale and retail business, trade business, etc. of small machinery.

B. 1) The non-party company entered into an agency contract between the non-party company and the defendant on January 1, 1994 (hereinafter “instant contract”).

(2) On June 30, 1995, the non-party company entered into an agreement with the Defendant to pay sales commission with the Defendant to the effect that the non-party company will receive sales commission according to the product sales amount of the non-party company, and that the non-party company will receive incentives or personal services according to the method of payment and the timing of payment.

(hereinafter referred to as the “instant arrangement”) C.

The Plaintiff’s registration of the establishment of a neighboring mortgage on the instant real estate, etc. was completed. The Plaintiff jointly and severally guaranteed the Defendant’s obligation owed by the non-party company to the Defendant at the time of the instant contract. For the purpose of securing the said joint and several liability, the amount of the maximum debt on January 4, 1992 regarding the instant real estate is KRW 150 million, the obligor, the mortgagee, and the mortgagee, the right to collateral security, the maximum debt amount of KRW 90 million on May 8, 1998, the debtor company, the non-party company, and the right to collateral security (hereinafter referred to as the “instant collateral security”).

3) Each part of the evidence Nos. 1, 2, 6, 7, and 8 (if any, including each number, the entry in the evidence No. 1, 1, 2, 6, 7, and 8, and the purport of the whole pleadings.

2. The plaintiff's assertion.

참조조문

-상법 제520조의2 제1항

-상업등기규칙 제58조 제2항

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