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Reasons
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(영문) 의정부지방법원 2015.07.21 2013가단34266
대여금반환 등
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1. The Plaintiff:

A. Defendant B is 15% per annum from July 9, 2010 to October 22, 2013, as well as 52 million won.

Reasons

1. Facts of recognition;

A. Defendant C leased the site for the scrapped site that he operated from D on June 2009, and around that time, Defendant C paid KRW 100 million for the lease deposit, and “E” operated the scrapped site in the same trade name (hereinafter “instant scrapped site”).

B.1) However, around April 20, 2010, D filed a lawsuit against Defendant C seeking an order on the instant scrapped site, etc. (Seoul District Court 2010Gahap3711, hereinafter “Separate Lawsuit”)

(B) Defendant B (a person at the time of Defendant C) who was assigned the instant scrapped site and intended to operate it;

(2) The Defendants requested Defendant C to delegate the operation of the instant scrap pool, etc. on July 8, 2010 (hereinafter “instant delegation contract”) to the effect that “Defendant C shall delegate the operation of the instant scrap pool to Defendant B with the amount of KRW 100 million per month and KRW 5 million per month, and transfer part of the facilities and vehicles within the instant scrap pool to the Defendant B with the amount of KRW 60 million” (hereinafter “instant delegation contract”).

(2) On July 8, 2010 (the date of the instant delegation contract), Defendant B borrowed KRW 100 million from the Plaintiff at the interest rate of 15% per annum and one year for payment due to the instant delegation contract. Accordingly, the Plaintiff deposited KRW 100 million in Defendant C’s bank account in the name of Defendant B on the same day.

E Transfer and takeover Business: The part in which the body part is written in this Table C is written.

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. The three representatives D shall have reached an agreement on September 18, 2010, and after September 27, 2010, the transferor shall not raise a civil or criminal objection against the transferor.

On September 27, 2010, a monthly rent of KRW 48,000,00 deposit with the F Representative D on Special Matters, out of KRW 100,00,000.

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