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(영문) 서울북부지방법원 2016.04.22 2015나5901
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts may be acknowledged in light of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1, Eul evidence Nos. 1, 3, and 7.

Pluice Co., Ltd. (hereinafter referred to as “Pluice”) received KRW 100 million from the Defendant as collateral for sales proceeds, and thereafter received a separate payment for sales proceeds from the Defendant each time it sold scrap metal to March 2005, from around 2005 to around 2012.

B. Thereafter, on August 4, 201, 201, ethyl received KRW 100 million from the Defendant, and sales of steel bars (BEM & PEE) to the Defendant up to KRW 200 million, based on the actual sales price, and the sales weight was set at approximately KRW 600 tons. From August 201 to December 201, 201, the Defendant sold scrap metals, etc. to the Defendant, as indicated in Nos. 1 through 16, and Nos. 18 through 20.

C. The Defendant paid to ethyl; (a) KRW 3,00,00 on August 21, 201; (b) KRW 3,000,00 on November 3, 201; (c) KRW 2,50,000 on November 17, 201; and (d) KRW 30,000 on November 30, 201; (b) KRW 30,000,00 on November 30, 201; and (c) KRW 15,856,90 on December 30, 201; and (c) KRW 7,578,778,90 on November 2, 201.

On the other hand, on February 1, 2012, Hansung transferred KRW 5,077,731 out of the purchase price for the second factory of ethyl to the Defendant.

E. On September 25, 2014, in order to pay the obligees the price for goods, etc., part of the sales price of KRW 84,100,00 and KRW 89,177,737, which the Defendant possessed to each obligee, was transferred to the obligees. Around that time, part of the sales price of KRW 84,10,00 and KRW 5,07,737, which was the sum of KRW 89,177,737, and KRW 15,389,00 in case of Party B who operates Party B, and KRW 35,00,00 in case of Party B who operates Party B, and KRW 14,342,00 in case of Party D who operates Party C, and KRW 18,864,300 in case of Party D who operates Party C, the fact of transfer was

2. The plaintiff and the designated parties (hereinafter referred to as "the plaintiff et al.") with respect to the cause of the claim shall be accompanied by the attached Form against the defendant.

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