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(영문) 서울고등법원 2016.06.16 2015나2056916
근저당권말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 1, 2002, Plaintiff A registered the business with the trade name of “J” (hereinafter collectively referred to as “D”) for the purpose of engaging in the mail order business, such as deposit money and sanitary equipment, and entered into a contract for the supply of goods such as deposit money and goods with Defendant A, a company for the purpose of manufacturing and selling the deposit money and goods, etc. on the 2th of the same month, and set up a collateral with the above contents as above on the 11th of the same month for the purpose of securing the security of the maximum debt amount arising from the transaction with Defendant for the security of the goods payment obligation arising from the transaction with Defendant.

B. On March 29, 2006, Plaintiff A entered into an additional contract with the Defendant to set up a maximum debt amount of 2.2 million won with respect to the real estate indicated in the attached Table 2 of the attached Table owned by the Defendant to guarantee the obligation to pay the purchase price of goods, and set up the right to collateral (hereinafter collectively referred to as the “instant right to collateral”). On November 6, 2008, Plaintiff A increased the maximum debt amount of the said right to collateral of 2.7 million won on the following day.

C. Meanwhile, on January 1, 2008, the plaintiff A decided to operate the above business in the ratio of shares between E and 7:3 on the same day, and made a registration of change of the business operator who is the representative of himself and E and made it joint business operator for the same year thereafter.

2. 18. Registration of the change of the business entity whose representative is E, and completion of the business relationship with E on December 31 of the same year and withdrawal from the business relationship.

Accordingly, on February 6, 2009, E changed its business operator as a sole business operator.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 26, Eul evidence No. 1 (including various numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion A withdraws from the partnership relationship with E on December 31, 2008.

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