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(영문) 서울동부지방법원 2016.08.26 2015가단136020
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

In full view of the purport of Gap's entries and arguments, it is recognized that the plaintiff purchased on March 29, 199 the real estate listed in the separate sheet (hereinafter "101") and completed the registration of ownership transfer on May 19, 199 as to May 1001, 19. As to April 30, 2001, the contract to establish a mortgage was concluded with the defendant as to the right to collateral security was completed with the Seoul East Eastern District Court No. 3858, Apr. 30, 2009, as Seoul East East District Court No. 38558, Apr. 30, 2009; the plaintiff, the debtor, the creditor, the creditor, and the defendant's neighboring mortgage establishment registration (hereinafter "mortgage establishment registration of this case"); and the right to collateral security based on the above registration was completed.

Plaintiff’s assertion

The plaintiff asserts as follows as the cause of the claim of this case.

The Plaintiff operates B as the representative director of B (hereinafter referred to as “B”) who is a U.S. company that sells Cheongba, etc.

B The Defendant’s Hwseung Networks America Corp. (hereinafter “U.S. corporation”) specified the “U.S. corporation” only when it is necessary to separate the Defendant and the U.S. corporation. If it is not necessary to do so, the Plaintiff, the representative director of the B company, jointly and severally guaranteed B’s clothes payment liability to the U.S. corporation, and at the same time, set up the instant collateral security right to secure the above clothes payment liability.

B was supplied by the Defendant with clothing products in accordance with the above transaction agreement.

On May 16, 2012, in the Plaintiff’s warehouse, the Plaintiff and the Defendant’s employees inspected the inventory of the goods kept by the Plaintiff. At that time, the inventory was confirmed to be 409,895 of the 13 items’ clothes.

On July 26, 2012, the Plaintiff entered into an agreement with the U.S. legal entity of the Defendant to deliver all of the inventory goods to the Defendant’s legal entity.

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