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1. The plaintiff
A. Defendant C shall pay 80,738,960 won and a rate of 15% per annum from October 9, 2015 to the date of full payment.
Reasons
1. Determination as to the claim against Defendant C
(a) Indication of claims: as shown in the grounds for the claims in attached Form;
(b) Judgment based on the recommendation of confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);
2. Determination as to the claim against Defendant B and D
A. Basic facts 1) On June 30, 2014, the Plaintiff entered into a contract with Defendant D to be supplied with scrap metal (hereinafter “instant contract”).
(2) Upon entering into a contract with Defendant D, the remaining amount calculated by deducting KRW 900,00 per month from the price of the scrap metal supplied by Defendant D as the Plaintiff’s last day, from July 1, 2014 to June 30, 2018, and the advance payment payment date, and then deducting KRW 900,000 per month from the advance payment. On July 1, 2014, the Plaintiff agreed that the contract may be terminated if the sum of the monthly scrap metal collected is less than KRW 900,000 for two consecutive months. (2) On July 1, 2014, the Plaintiff paid Defendant D advance payment of KRW 30,000,000 under the instant contract.
3) Defendant D did not supply the scrap metal to the Plaintiff at all. Meanwhile, on June 27, 2014, the Plaintiff entered into a contract for the supply of scrap metal with Defendant C. Accordingly, on July 1, 2014, the Plaintiff paid KRW 50,000,000 in advance to Defendant C. From July 2014 to September 2014, the Plaintiff was supplied with scrap metal from Defendant C.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4 through 6, purport of the whole pleadings
B. The Plaintiff asserted 1 as follows: (a) Defendant B and D entered into a partnership agreement with Defendant C to jointly operate metal saving and processing business; (b) Defendant C will provide labor with overall control over the business; (c) Defendant C will take charge of the installation and accounting of machinery, etc. necessary for cutting off and cutting off; (d) Defendant D agreed to lease machinery and to take charge of design for cutting off and cutting off; and (e) concluded two contracts with the Plaintiff to process scrap metal generated from the said business.