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(영문) 대구지방법원 2012.02.24 2011가합7660
대여금등
Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd.: (a) 50,000,000 won against the Plaintiff (Counterclaim Defendant) and its related thereto from July 21, 201.

Reasons

1. Basic facts

A. The status of the party is a company whose main purpose is to collect and sell recyclable materials, such as waste scrap metal and scrap metal, and Defendant B (hereinafter “B”) is a company with the main purpose of dismantling structure construction business, and Defendant C is the representative director of Defendant B.

B. 1) E engaged in sales business of scrap iron scrap metal, etc. with the trade name of D, including the conclusion of a removal service contract, is the F Co., Ltd. (hereinafter “F”).

The F-U.S. factory located in the Gu and Si and Gun (hereinafter referred to as the “instant factory”).

(2) Although the Defendant B intended to enter into a removal service contract, it was not able to enter into the said contract under its own name due to the absence of a license specialized in the removal. (2) If the Defendant B, who has a license specialized in the removal, has consented to the use of the name of the Defendant B, he would be in charge of the removal of the instant factory, and the Defendant B accepted the said proposal.

3) On July 14, 2010, E is a removal service contract for the removal of the instant factory to KRW 1,960,500,000 (value-added tax separate) between Defendant B and F in the name of Defendant B (hereinafter “instant removal service contract”).

(2) A sales contract for by-products (hereinafter referred to as “sales contract for by-products of this case”) to purchase 3,150,000,000 won for scrap metal and other by-products generated in the process of such removal (excluding value-added tax).

A) Around that time, E concluded a sales contract with Defendant B for the removal of the instant plant at KRW 2.2 billion. (c) At the time of the conclusion of the sales contract for the instant by-products, E entered into a sales contract for scrap metal to sell scrap metal generated in the process of the removal of the instant plant to ice companies (the trade name before the alteration: Gaz et al.; hereinafter referred to as “bspethyl”), and received KRW 3 billion from Dozethyl as a security deposit or advance payment.

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