(영문) 대구지방법원 2018.12.06 2018가합202914

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(영문) 대구지방법원 2018.12.06 2018가합202914

동산담보등기 청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who runs the business of collecting scrap metal and the business of collecting scrap metal with the trade name of “E” in the Daegu-gu Seo-gu Office D, and C is an individual entrepreneur who runs the business of manufacturing machinery parts with the trade name of “H” while opening a factory in the Gyeong-si, Busan-si. The Defendant was established on July 10, 2014 and runs the business of manufacturing machinery parts, such as automobile parts, etc. on the second floor of the said “H” factory.

B. On November 1, 2007, the Plaintiff entered into a contract with C to purchase and dispose of the scrap metal generated in the process of manufacturing machinery parts, and purchased the scrap metal from around that time to May 6, 2008 and May 1, 2013, and continued to engage in transactions until March 2014. 2) The Plaintiff paid C advance payment for the scrap metal supplied and processed by C, and the Plaintiff continued such transactions by deducting from the aforesaid advance payment amount as the price for the scrap metal supplied and handled by C, and around March 2014, the advance payment that the Plaintiff paid to C was 149,97,800 won.

3) On August 19, 2014, the Plaintiff and C drafted a loan certificate with the following terms and conditions. On August 6, 2014, the said principal borrowed KRW 300 million from the Plaintiff and returned the said amount to December 31, 2014. The repayment period shall be determined through mutual consultation. 4) The Plaintiff and C drafted a loan certificate with the following content:

As above, on September 30, 2014, the Plaintiff borrowed KRW 100 million from the Plaintiff and return the said amount until December 31, 2014.

5C prepared and provided to the Plaintiff a certificate of storage of equipment and facilities with the following contents:

I have borrowed cash KRW 400 million and scrap metal deposits from the plaintiff and have the full custody of all machinery, equipment, and facilities in the defendant of the Gyeongsan Industrial Complex.

b. Date and time of the transaction, 1 April 1, 2014.

유사 판례

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