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(영문) 서울중앙지방법원 2014.07.18 2012가합73061 (1)
선급금 등
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 2,049,399,930 as well as to the Plaintiff from September 4, 201 to October 3, 2012.

Reasons

1. Basic facts

A. The intermediate waste disposal contract 1) Defendant C (hereinafter “Defendant C”)

A) As part of a profit-making business, the sales contract for the non-commercial goods (hereinafter “the sales contract for the non-commercial goods”) with the Korea Electric Power Corporation that dismantles the pulmonary pressure.

(2) On September 4, 2009, Defendant C entered into a delegation agreement with D to entrust the intermediate waste disposal business for one year and receive KRW 40,000 per waste pressure unit (hereinafter “instant delegation agreement”). On September 30, 2010, the amount payable to Defendant C by changing the amount to 15% of the purchase price of non-processed goods to 15% of the purchase price of non-processed goods (hereinafter “instant delegation agreement”).

3) On September 7, 2009, Defendant C transferred a waste interim disposal business license from SK Electric, and established G under Defendant C-C in Kimpo-si, Kimpo-si, and D became a president of G at around that time, and run an interim disposal business for waste pressures. (b) Defendant B (hereinafter “Defendant Company”). The supply contract for by-products D is the representative director.

A. E Co., Ltd. (hereinafter “E”) on September 2, 2009

2) As regards Defendant C’s by-products (hereinafter referred to as “by-products”) such as carbon plates and glass, etc., generated in the course of dismantling the pulmonary voltages of Defendant C.

2) A contract for sale to E (hereinafter “instant contract for supply of goods”)

A) Accordingly, E entered into a contract with the Defendant Company, first of all, paid the amount, and then traded with the Defendant Company in a manner that deducts the amount from the advance payment. C. The acquisition of the instant plant 1) E from H Co., Ltd. (hereinafter “H”) on April 17, 2010.

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