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(영문) 서울동부지방법원 2016.07.21 2015가합106347
물품대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B is a business entity collecting and selling papers and scrap iron with the trade name of “D”. Defendant C borrowed funds from Defendant B and collected them as a security deposit for the land from a large-scale business entity, such as Defendant B, and then is an interim business entity collecting the land again to the large-scale business entity collecting the land to be sold to the Plaintiff. 2) The Plaintiff and E are both husband and wife, and E are those with bad credit standing, and they are operating a printed business with the trade name of “F” as they are registered under the name of the Plaintiff and are called “F”, and have a monopoly supplied them to the so-called business entity collecting the land by receiving certain fees, such as the fee for fry, eating, advertising, etc. generated in the process of producing printed materials.

B. On September 25, 2008, the Plaintiff, E, and Defendant C, and E, shall be paid KRW 130 million to the Plaintiff and E, Defendant C shall be given a deposit of KRW 100,000 to the Plaintiff and E, the Plaintiff and E shall be given a monopoly as to whether they were out of the Defendant C, and the return of the deposit of KRW 202,00,000,000,000,000,000,000,000,000,000,000,000

2) As to the instant collection contract under the name of the Defendant, the instant collection contract with the content of setting up a right to collateral security under the Defendant’s name (hereinafter “instant collection contract”).

(2) On September 25, 2008, Defendant C received a transfer of KRW 100 million from Defendant B, and paid the Plaintiff. On October 17, 2008, Defendant C completed the registration of the establishment of a neighboring mortgage as Defendant C with respect to the instant real estate as to the maximum debt amount of KRW 100 million, the debtor, the debtor, and the mortgagee C.

On November 12, 2008, Defendant C received additional remittance of KRW 30 million from Defendant B, and paid to the Plaintiff.

C. Defendant B agreed to accept the status of a party to the instant collection contract from Defendant C on June 3, 2009. (2) The Defendant from December 15, 2009 to December 15, 2009 pursuant to the said contract acceptance agreement.

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