(영문) 춘천지방법원 영월지원 2018.02.22 2016가합358

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(영문) 춘천지방법원 영월지원 2018.02.22 2016가합358

매매대금반환

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established for the purpose of collecting, crushinging, and selling aggregate, and Defendant D is the representative director of the Defendant Company, and Defendant C is a person who actually operates the Defendant Company as a shareholder of the Defendant Company.

B. Around September 2012, Defendant Company entered into a contract with E Co., Ltd. (hereinafter “E”) and the following:

(1) The term “instant prime contract” (hereinafter referred to as “instant prime contract”): From September 7, 2012 to September 6, 2017, the place: (a) E (hereinafter referred to as “instant construction site”) content: E shall be supplied to the Defendant Company with raw materials for aggregate (by-products of low value as iron tin); (b) the Defendant Company shall separately select and sell aggregate; and (c) the site, electricity, etc. necessary for the selection of aggregate; and (c) the steel tin selected by electronic seat in the process of the production of aggregate shall be owned by E. Article 15 of the said contract provides that the rights and obligations under the said contract shall not be assigned to a third party. On March 6, 2014, the Plaintiff entered into a contract with the Defendant Company for the transfer of aggregate facilities (hereinafter referred to as “the instant contract”).

Around that time, the Defendant Company paid KRW 200 million for the transfer price to the Defendant Company. The purpose of the method of operating Article 3(1) of the Act is to select and sell aggregate in a business operated by the Defendant Company (E ownership), which is to select and sell aggregate (sale items are tin, 13m gravel, and 25m gravel) in the construction site of this case: 1, 2460 screened, 5, 1, 1, 1, 1, and 1, and 25m aggregate.

Other rocks shall be sold after obtaining approval from the defendant company.

In the case of selling tin, 4,00 won per cubic meter (in cubic metres) shall be paid as transportation expenses.

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