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1. Of the instant lawsuit, the part concerning the claim for the confirmation of existence of an obligation added by the court shall be dismissed.
2. The plaintiff's appeal is filed.
Reasons
1. Facts of recognition;
A. The Defendant Company continued to supply materials to B Co., Ltd. (hereinafter “B”). On June 20, 2014, the Defendant Company completed the registration of creation of a mortgage over the maximum amount of debt 200 million won (hereinafter “registration of creation of a mortgage over the first place”) based on the contract on June 19, 2014 with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on the part of the Defendant Company as indicated in the separate sheet to secure the obligation for the supply price.
B. B, on October 10, 2014, when it is difficult to obtain a loan due to credit degradation, transferred 14 concrete mixtures truck 14 units owned by B in the name of the representative director C or D of the Defendant Company, and, under the name of D, obtained a loan by setting the mortgage on 180,000 units of the aforesaid concrete mixtures truck from the Geumcheonjin Saemaul Community Credit Depository in the name of D, at the annual interest rate of 9.5%, and on October 10, 2017, the date of repayment of the principal and interest.
C. However, as B did not pay the material supply price to the Defendant Company, D received an order to pay B a loan of KRW 180,000,000 with the Jeonju District Court Decision 2014Da6265 to pay the loan of KRW 180,00,000 with respect to the loan of KRW 180,000 with respect to the loan of KRW 20,000 with respect to the loan of KRW 20,000 with respect to the loan of KRW 144, Jan. 13, 20
On January 26, 2015, B completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of the second place of the instant case”) consisting of a maximum debt amount of 100,000,000 with respect to each of the instant real property from D, and completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of the second place of the instant case”) with respect to D as of January 26, 2015 as of January 26, 2015, under Article 9552 of the receipt of the record on January 26, 2015, the maximum debt amount of 80,000,000 (hereinafter “the registration of creation of a mortgage of the third place of the instant case”).
Defendant Company against B, the first Jeonju District Court 2015Ka208, July 2014, and December 2014.