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(영문) 서울남부지방법원 2015.06.04 2014가합109625
근저당권설정등기말소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant Egypt Co., Ltd. (hereinafter “Defendant Company”) is a company that manufactures and sells clothing products, etc., and the Plaintiff offered real estate listed in the separate sheet owned by Defendant Egypt Co., Ltd. (hereinafter “instant company”) and the agency contract (hereinafter “instant agency contract”) for B, who is the husband of the Plaintiff.

B. Meanwhile, the contents related to the provision of security among the instant sales contract entered into between the instant sales company and the Defendant Company (hereinafter “the instant sales contract”) and the instant agency contract entered into between B and B are as listed below. B, upon entering into the instant agency contract, the Defendant Company: (a) concluded a blank bill offer (hereinafter “certificate of the instant blank bill offer”) and a blank bill stating that “In the absence of an indication of the amount issued by oneself in his/her future, the bill was issued by him/her as agreed, and the bill was issued in the event the Plaintiff acquired or acquired the amount of the purchased bond with his/her company due to his/her intention, thereby guaranteeing the Defendant Company’s obligation to his/her company; and (b) in the event the Plaintiff acquired or acquired the amount of the purchase bond with his/her company due to his/her intention, the bill was issued in his/her way to supplement the amount of the bill and exercise his/her right to submit it.”

[General Contract of this case] Article 14 (Security)

(a) In order to secure the payment of debts to the head office, the sales board shall provide a certain amount of security in consideration of the transaction amount and credit dates, and all expenses incurred therein shall be borne by the total sales board;

(b)In addition to the security listed in the preceding paragraph, the head office may, as necessary, request the total board to provide personal security, such as a joint guarantor, or to provide additional security following changes, such as a decrease in the value of the total board security, and the total board shall comply therewith

In this case.

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