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1. Of the instant lawsuit, the part demanding the confirmation of invalidity of a monetary loan agreement for consumption and loan for movable property transferred for security as of December 27, 2013.
Reasons
A. The list of goods offered for security under the instant monetary loan contract is set out in the following table:
(이하 아래 표의 각 순번에 해당하는 물품을 ‘이 사건 제O항 물품’이라 한다). 순번 종류 재질 수량 중량(kg) 가액(원) 검사일 1 RH-BEAM SS400 604 335,020 268,016,000 2013. 11. 4. PLATE SM490 19 46,152 40,613,760 PLATE SS400 172 39,462 30,780,360 CHANNEL SS400 38 7,128 6,201,360 FLAT BAR SS400 800 28,243 24,571,410 PIPE SPPS38 1,396 31,711 40,590,080 합계 487,716 410,772,970 2 HYPER-BEAM SM490A 85 226,067 2013. 11. 27. 3 RH-BEAM SS400 217 142,184 113,747,200 2013. 12. 4. SQUARE PIPE SPSR400 27 14,906 20,272,160 PLATE SS400 62 31,651 24,687,780 PLATE SM490 61 338,850 298,188,000 CHANNEL SS400 10 1,671 1,453,770 ANGLE/FLAT BAR SS400 175 9,639 8,385,930 ELBOW SPPS38 1,400 441 873,180 합계 539,342 467,608,020 4 SQUARE PIPE STKR490 46 75,430 153,672,004 2013. 12. 11. 5 PLATE SM490A 28 253,710 223,264,800 2013. 12. 24. 총 합계 1,582,265 * 이 사건 제1, 3, 5항 각 물품의 가액은 피고의 2013년 구매단가에 따라 계산한 금액이고, 이 사건 제4항 물품은 위 나.
5) The value of the raw materials listed in paragraph 5 is equivalent to the cost of purchase of raw materials and customs clearance paid directly by the defendant at A's request. The goods listed in Paragraph 2 of this case are the raw materials listed in paragraph 2 of this case, and there is no objective data to calculate their value.
4) On December 29, 2013, A requested payment of KRW 1,80,000,000, including KRW 1,000,000,000 under the agreement made with the Defendant on December 22, 2013, which was concluded with the Defendant, and on December 30, 2013, the Defendant issued a written confirmation to the effect that “The Defendant was paid the full amount of the raw materials and processed members stored in the A factory, and confirmed that he/she has ownership to the Defendant.” On December 31, 2013, A issued a tax invoice of KRW 1,14,440,00,00 to the Defendant on December 31, 2013.