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1. Defendant P&A Co., Ltd. shall fully pay to the Plaintiff KRW 2,257,690,920 and its payment from August 17, 2017.
Reasons
1. Facts of recognition;
A. On October 1, 2016, the Plaintiff, a company aimed at waste treatment, reclamation, etc., entered into an entrustment contract with Defendant C&A Co., Ltd. (hereinafter “Defendant C&A”), under which the Plaintiff would dispose of the wastes entrusted by Defendant C&A, and receive service charges by no later than the 30th day of the following month. From around that time to May 30, 2017, Defendant C&A performed the business of disposing of the wastes entrusted by Defendant C&A notice, but did not receive KRW 2,257,690,920, out of the total amount of the amount of the waste treatment service charges as of June 30, 2017.
B. On May 19, 2017, Defendant Shipbuilding purchased the subject matter of the instant transaction from Defendant P&L LAW, and agreed, instead of paying the purchase price of KRW 3 billion, Defendant P&L, which offered the instant real property as security, on behalf of the Defendant P&L’s financial institution, to pay the loan liability on behalf of the Defendant P&L’s financial institution.
(hereinafter “instant sales contract”). C.
On June 20, 2017, the Defendant’s determination industry completed the registration of ownership transfer on each of the instant real property, and around that time, acquired ownership on each of the instant movable property, and completed the registration of ownership transfer on each of the instant motor vehicles on July 7, 2017.
At the time of the conclusion of the instant sales contract, Defendant P&A was in excess of its obligation due to not only the Plaintiff’s obligation to pay for the service, but also the Plaintiff’s obligation to pay for the loan amounting to approximately KRW 3 billion to financial institutions, such as the Nonghyup Bank and the New Bank.
[Based on the ground of recognition, Defendant SynB’s establishment: (a) the confessions made (Article 150(3) and (1) of the Civil Procedure Act); (b) the Defendant’s determination industry has no dispute; (c) Gap’s evidence 1 through 6 (including branch numbers; hereinafter the same shall apply); and (d) Eul’s evidence 1 through 5; and (e) the NH Bank Co., Ltd. of this Court.