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(영문) 부산지방법원 2015.06.05 2014가단60398

근저당권설정등기말소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1.The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account each of the statements set forth in Gap evidence Nos. 1 to 5, 11, 12, Eul evidence Nos. 1 to 5 (including the numbers), and the statements set forth in C, D, and E’s testimony as a whole the purpose of the pleadings.

Article 1. Managerial Principles and Independent Accounting System, Article 2: Business management, employee management, design, production and quality safety management, on-site work operation, operation of human resources, financing of tools, etc.: The Defendant Company: A company: A company shall pay the total production cost calculated by C out of the estimated amount of all production cost and the estimated amount of all production cost and expenses of contract material computed by the Defendant Company, such as provision of factory and site, provision of equipment construction cost and operation fund, financing of materials, distribution/C: The company shall distribute the remainder of the estimated amount calculated by subtracting the amount equivalent to 15% (10%) out of the estimated amount of all production cost from the estimated amount of all production cost and the cost of contract material computed by the Defendant Company: The amount equivalent to 15% out of the total production cost of contract material cost and the total production cost equivalent to 50 million won, and the Defendant company: A company shall pay the total production cost and operation cost within the limit of KRW 500,000,000,000,000).

A. On March 2013, C and the Defendant Company agreed to create a separate business division with the Defendant Company to carry on the piping production business, and on May 9, 2013, concluded an agreement with the following contents (hereinafter “instant agreement”).

B. Accordingly, from May 2013 to December 2013, 2013, Defendant Company provided C with a total of KRW 316,008,199 (hereinafter “instant funds”). Of these, KRW 139,575,97 among them, the remainder of KRW 176,432,222 is certified as C’s personal expenses, personnel expenses for C’s employees, and SSME (U.S. Mechanical Association).