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(영문) 서울북부지방법원 2015.08.20 2015가단3669

양수금

Text

1. The defendant (Appointed Party) 14,402,397 won, 11,749,098 won, and 26,721.

Reasons

1. The following facts may be acknowledged in light of the purport of the whole pleadings in each of the statements in Gap evidence Nos. 1, Eul evidence Nos. 1, and 3 through 7.

Pluice Co., Ltd. (hereinafter referred to as “Pluice”) received KRW 100 million as collateral for sales proceeds from the Plusian, and thereafter received a separate payment for sales proceeds from the Defendant every time it was sold to the Defendant from around 2005 to March 2012, 205, while selling scrap metal to the Defendant.

B. Thereafter, on August 4, 201, 201, ethyl received KRW 100 million from the Defendant, and sales of steel bars (BEM & PEE) to the Defendant up to KRW 200 million, based on the actual sales price, and the sales weight was set at approximately KRW 600 tons. From August 201 to December 201, 201, the Defendant sold scrap metals, etc. to the Defendant, as indicated in Nos. 1 through 16, and Nos. 18 through 20.

C. The Defendant paid to ethyl; (a) KRW 3,00,00 on August 21, 201; (b) KRW 3,000,00 on November 3, 201; and (c) KRW 2,500,00 on November 17, 201; (b) KRW 30,000 on November 30, 201; and (c) KRW 15,856,90 on December 30, 201; and (d) KRW 7,578,778,90 on the aggregate of KRW 2,00 on November 2, 201.

On the other hand, on February 1, 2012, Hansung transferred KRW 5,077,731 out of the purchase price for the second factory of ethyl to the Defendant.

E. On September 25, 2014, in order to pay the obligees the price for goods, etc., part of the sales proceeds of KRW 84,100,00 and KRW 89,177,737, which are the sum of KRW 5,077,737 and KRW 15,389,00 in sales proceeds of the second factory and KRW 15,389,00 in case of Party B who operates Party B, and KRW 35,00 in case of Party B who operates Party B, and KRW 14,342,00 in case of Party D who operates Party C, and KRW 14,864,300 in case of Party D who operates Party C, and around that time, notified the Defendant of the transfer.

2. The Plaintiff (Appointeds) and the designated parties to the determination of the cause of the claim are annexed to the Defendant.