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(영문) 서울고등법원 2014.09.04 2013나70141
근저당권말소등기청구 등
Text

1. Based on the appeal filed by Defendant C against Plaintiff C Co., Ltd., the Plaintiff Company expanded.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to the case where: (a) the Plaintiffs, while entering into a contract to supply red ginseng with the Defendant Company and an exclusive license agreement to use red ginseng patent rights owned by the Defendant Company; (b) paid KRW 200 million in cash to the Defendant Company in order to secure the payment of red ginseng; and (c) created a collateral on the Plaintiff Company’s real estate; (d) the Defendant Company, as a matter of course, filed a claim for cancellation of an exclusive license agreement with the Defendant Company on the ground that the Plaintiff Company did not grant the exclusive license on the Plaintiff Company, in violation of the agreement; and (e) restitution of unjust enrichment following restitution or cancellation of the agreement by asserting that the agreement was revoked on the ground that it did not grant the exclusive license on the Plaintiff Company; (e) sought the cancellation of the establishment of a collateral on the part of the Defendant Company; and (e) reimbursement of the amount of KRW 90,989,63,000,000,0000,000,000 from the deposit paid to the Defendant Company;

The judgment of the court of first instance accepted some (excluding delay damages) of the plaintiff company's claim for the cancellation of the registration of creation of a collateral against the defendant company and the plaintiff B's claim for cancellation of the registration of creation of a collateral against the defendant company, and all of the plaintiffs' remaining claims against the defendant company and the defendant company were dismissed, and the plaintiff company and the defendant company

The plaintiffs shall be the court of this Court.

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