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(영문) 서울고등법원 2018.08.17 2017나2073434 (1)

선급금반환

Text

1. The plaintiff's appeal and the first preliminary claim added by this court are dismissed, respectively.

2.The addition is made by this court.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of steel wholesale business, steel collection business, etc., and A is a corporation with the purpose of selling scrap metal and steel sales business.

Defendant B is a corporation with the purpose of general waste disposal business, etc., and Defendant C is a corporation with the purpose of real estate service business, scrap metal business, and non-legal wholesale business.

Defendant D is the inside director of Defendant C’s representative.

B. On August 23, 2012, Company I (hereinafter “I”) sold the equipment of a Frupture power plant in G located in Ischeon-siJ to A and Defendant B. On August 28, 2012, Company A and Defendant B concluded a sales contract with the effect that they would sell scrap metal generated in the process of removing equipment within the said heat-combined power plant (hereinafter “instant scrap metal”).

A, Representative B: K (Signature: C, Representative C: D, Representative, and E: The real estate indicated in D (Signature) and E: In the case of Gyeonggi-do Leecheon-si: With respect to the distribution of profits from the sale of G power generation facilities within indicated real estate, the above three persons shall enter into a contract as follows:

Contents:

1.(G power generation facilities in theJ of Leecheon-si in Gyeonggi-do are purchased in the name of A and the purchase price of KRW 7.2 billion shall be fixed at cost for removal costs and other expenses.

2.(Purchase Amount) The purchase amount referred to in paragraph A above shall mean the total sum of the amounts paid by A to A (value shall be separate) and A shall bear.

3.(Expenses for Removal) The cost of removal under this paragraph 1 refers to the amount ordered by A B for the removal cost fixed by the third party for the indicated immovable property.

(D) The removal contract shall be prepared with separate contracts). 4. (Other expenses) The direct and indirect expenses incurred in selling facilities of the indicated real estate are referred to as the general expenses, and the expenses (four persons), the accounting (one person), the personnel and staff-related food and accommodation expenses, the expenses for business office employees, the entertainment expenses, and the general expenses.