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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. A. Around June 2009, the Defendant agreed from Nonparty D to lease the site for a scrapped site of KRW 200 million and monthly rent of KRW 5,000,000 (hereinafter “instant lease agreement”) and operated a scrapping box (hereinafter “instant scrapping sheet”) in the name of “E” after paying KRW 100,000 to D as lease deposit.
B. On April 20, 2010, D filed a lawsuit against the Defendant seeking delivery of the instant scrapped site on the ground that the Defendant breached its duty under the said lease agreement.
(J) Goyang Branch of the District Court 2010Kahap3711, hereinafter referred to as the "Separate Litigation").
On July 8, 2010, Co-Defendant B of the first instance trial (hereinafter “B”) agreed to take over part of the facilities and vehicles in the vehicle scrapping place in return for delegation from the Defendant on the operation of the vehicle scrapping place, including the resolution of the aforementioned separate lawsuit, and receive KRW 60,000,000, and pay KRW 100,000 to the Defendant for delegation and monthly rent of KRW 5,00,000.
(hereinafter “instant delegation contract”) D.
B borrowed KRW 100 million from the Plaintiff on July 8, 2010 to pay the delegation amount under the instant delegation contract to the Defendant, and caused the Plaintiff to transfer KRW 100 million to the Defendant’s account in the name of B on the same day.
E. On September 18, 2010, B consulted the Plaintiff and D with respect to the instant scrapping place and separate lawsuit, etc., and thereafter, on September 27, 2010, the following transfer and acquisition document transfer and acquisition between the Defendant and the Defendant is written on September 27, 2010:
Business Transferee: B
1. The transferor transfers E to the assignee; and
2. The transferee shall perform the terms of reference initially contracted to the transferor and shall additionally perform this acquisition contract.
3. 4. (Omission)
5. Three representative D of B, A, and F reached an agreement on September 18, 2010, and B’s request for transfer or acquisition on September 27, 2010.