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(영문) 서울중앙지방법원 2018.09.18 2017가단5208778
근저당권말소
Text

1. The defendant shall support the plaintiff A with respect to the real estate in the attached list Nos. 1 and 2 in the Suwon District Court.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) has been engaged in a transaction after purchasing electric wires manufactured by the Defendant from the Defendant from around 30 years ago and selling them to retail companies.

B. On May 3, 2011, Plaintiff A, a representative director of D, and Plaintiff B, a spouse of D, concluded a water guarantee agreement between the Defendant on May 3, 201 with respect to the real estate set forth in the separate sheet set forth in the separate sheet set forth in the separate sheet set out by the Defendant, and the Plaintiff B with respect to the third real estate set forth in the separate sheet set forth in the separate sheet set forth by the Defendant, the maximum debt amount shall be KRW 250,00,000,000, and the right to collateral security without an agreed period

C. Pursuant to the above water guarantee agreement, the Suwon District Court: (a) Yangyang Branch of the Family Court of Korea (No. 8611 of May 3, 201), regarding real estate Nos. 1 and 2 stated in the separate sheet, the registration of the establishment of the establishment of the joint collateral, which consists of the mortgagee, Defendant D, and maximum debt amount of KRW 250 million, was completed on May 3, 201; and (b) the Suwon Branch of the Family Court of Korea (No. 8612 of May 3, 201), regarding the third real estate indicated in the separate sheet, the registration of the establishment of the establishment of the joint collateral, which consists of KRW 250,00,00

Plaintiff

B On April 12, 2017, and April 13, 2017, Plaintiff A notified the Defendant of the termination of the above water guarantee contract by subrogation of 250 million won equivalent to the maximum debt amount of each establishment registration of each of the above neighboring areas to the Defendant, respectively. The notice of termination of the contract was served to the Defendant on the following day.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 9, purport of whole pleadings

2. The defendant's assertion D still bears the defendant's obligation of KRW 00 million. The amount that the plaintiffs paid to the defendant shall be deemed to have actually discharged to the defendant a part of the defendant's obligation, and even if the plaintiffs have repaid to the defendant, it shall be deemed that D has fully discharged the defendant's obligation.

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