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(영문) 대구지방법원 2015.08.21 2013나22216
양수금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. Determination on the claim for indemnity

A. The facts of recognition 1) The Defendant entered into an agency contract with the Plaintiff operating the automobile parts manufacturing business, etc. around 1995. From around December of the same year to around 5 and 101 of the Guro-gu Seoul Metropolitan Government Bro block block, the Defendant engaged in the transaction of goods supply transaction with the Plaintiff according to the above agency contract and closed the business around January 3, 2004. At the time of the closure of the business, the Defendant was in the status of paying the goods amounting to KRW 74,16,738 to the Plaintiff. At the time of the closure of the business, the Defendant was in the status of paying the goods amounting to KRW 74,16,738, the Yangcheon-gu apartment No. 130

(2) On February 17, 2004, E, which had been an employee of the said C, acquired the said C from the Defendant and completed its business registration in its name, paid the Plaintiff KRW 30 million as a deposit for transaction, and thereafter, performed the said C with the Plaintiff and traded goods supply transaction with the Plaintiff.

3) Accordingly, the defendant and E are demanded by the plaintiff to pay the defendant's above KRW 74,166,738 against the plaintiff's goods payment obligation, and on December 15, 2005, KRW 30 million out of the above goods payment obligation between the plaintiff and the plaintiff on December 15, 2005, the defendant and E provide the defendant with the payment of KRW 74,166,738 as security, and the remaining KRW 44,166,738 as security against the defendant's payment of KRW 30,000,000,000,000,0000,000,000,000,000,000,000,000,000

(4) On December 20, 2005, the amount of KRW 30 million that the Defendant decided to repay under the above agreement was repaid to the Plaintiff on December 20, 2005.

(In practice, 31,762,484 won plus interest 1,762,484 won shall be paid to the Plaintiff) E shall be the transaction deposit to the Plaintiff on December 8, 2011.

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