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(영문) 부산지방법원 2016.06.03 2015나44363
근저당권설정등기말소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the following facts: Gap evidence 1, Eul evidence 2-2, Eul evidence 13-2, Eul evidence 1-2, Eul evidence 2-1, Eul evidence 2-1, Eul evidence 2-2, Eul evidence 3-1, Eul evidence 3-1, 2, and Eul evidence 3-1, 3-2, and witness C, D, E, and witness N's testimony.

Around April 2013, C and the Defendant concluded an agreement with the following terms and conditions (hereinafter “instant agreement”) on May 9, 2013 when engaging in pipeline production business.

Article 1 (Management Principles): An independent accounting system shall be operated.

Article 2 (Service Classification): C shall conduct business affairs, business management, design, technology, production, quality control, human resources management, operation of tools, procurement of tools, and the defendant shall conduct business affairs, such as provision of factories and sites, provision of equipment costs, provision of operating funds, provision of materials procurement, etc.

Article 4 (Distribution of Production Cost) The cost of the material input by the Defendant is the contract cost of the material.

The remainder of the cost, excluding the above contract material cost, is the production sector cost.

The defendant shall distribute the amount received from a third party in proportion to the cost of the contract materials and the cost of the production sector, and then pay C the amount obtained by deducting 15% out of the amount equivalent to the cost of the production sector.

However, 10% shall be deducted for the projects ordered for the initial one year.

The amount deducted by the above 15% is to recover the factory, site, facilities, equipment, operating funds, etc. invested by the defendant.

Article 5 (Operation of Funds): The defendant shall pay 500,000,000 won to C with the cost of equipment and equipment and operating funds.

However, the timing of payment shall be agreed according to C's timing of ownership of funds and provision of security.

Article 6 (Repayment of Funds) C shall repay the funds provided pursuant to Article 5 within one year from May 9, 2013 to KRW 450,00,000, and within two years to below KRW 300,000,000, and shall fully repay the balance within three years.

C When completion of the above repayment is made by C, the facilities and equipment shall be owned by C.

Article 8 (Implementation of Agreements): The time when the Convention has not been implemented.

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