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1. Defendant B’s repayment of all of the obligations listed in attached Table 2 to D [D], at the same time, to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a gold-type manufacturer with the trade name called E, Defendant B is a trade name, Defendant B is F, Defendant C is a trade name, and Defendant G is a person engaged in the manufacturing business, etc.
B. On April 18, 2017, the Plaintiff entered into the instant sales contract with Defendant B (hereinafter “instant sales contract”). [The same shall apply to the order of entry of four machines listed in the instant sales contract (the same as the machinery of the items of the instant contract) as the machinery of the items of the instant sales contract under paragraph (1).
) Machines in order “1, 2, 3, and 4” and, as described in paragraph 2 of the special agreement, the actual purchased machines are 1, 200,000 won and 3, and 4 are those which Defendant B offered as security to secure the Plaintiff’s operating capital.
Machines Nos. 1, 3, and 4 were owned by Defendant B, and machinery Nos. 2 was owned by Defendant C.
C. On April 19, 2017, Defendant C sold No. 2 to Defendant B at KRW 24.2 million (including value-added tax).
The Plaintiff obtained a loan (hereinafter “instant loan”) from D Co., Ltd. (hereinafter “D”) on the security of each of the instant machines from D (hereinafter “D”) on May 8, 2017, as shown in the table in attached Table 2 (hereinafter “instant loan”). On the same day, “the lease agreement between D and D” is “the instant lease agreement”.
E) On May 8, 2017, D concluded a loan of KRW 143,00,000,000,000,000,000 other than the contract deposit of KRW 114,44,000,000,000,000,000 to Defendant C, and paid the remainder of KRW 86,44 million to Defendant B. Defendant B paid KRW 59,00,000,000,000,000,000,000,000,000,000,000,000,000,000 to the Plaintiff as above. Defendant C issued an electronic tax invoice of KRW 38,50,00 (the supply price of KRW 35,00,00,00,00,000) to the Plaintiff on July 1, 2017.
G. The instant lease agreement was terminated on November 22, 2018, and as of November 22, 2018, the instant lease agreement was terminated.