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(영문) 광주지방법원 순천지원 2018.10.18 2017가단79414

기타(금전)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 7, 201, the Plaintiff purchased a 13.2 ton of C, a registration number of which is KRW 13.2 ton of the purchase fund (hereinafter “instant c tonicker”). On October 7, 201, the Plaintiff completed the registration of change of ownership.

B. On August 29, 2014, the Defendant, a corporation operating earth construction business, etc., took out a loan of KRW 30,500,000 from NHF Capital Co., Ltd., and remitted KRW 30,530,382 to the Plaintiff. On September 15, 2014, the Defendant, a corporation operating earth construction business, etc., drafted a construction machinery transfer certificate with the purport that the Plaintiff and the Defendant take over the c0,500,000 won from the Plaintiff.

C. Then, on September 16, 2014, the Defendant completed the registration of change of ownership in the future of the Defendant, and subscribed to automobile insurance with the Defendant as the insured. On September 17, 2014, the Defendant created a mortgage on the instant excavation equipment against the said NH Capital Co., Ltd.

On the other hand, the plaintiff entered the defendant company in around 2014 and performed the work of managing the construction site and equipment.

E. Around October 2016, the Defendant sold the instant excavation search machine in KRW 58,00,000 to a mid-term equipment exporter company. Accordingly, the registration of the excavation search machine was revoked on October 11, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. On September 15, 2014, among the Plaintiff’s assertion that the Plaintiff purchased the instant digging pool and repaid installment loans, Defendant representative D suggested that the name of the instant digging pool be changed to the Defendant for the smooth operation of the field.

Accordingly, the Plaintiff and D changed the digging ground of this case into the name of the Defendant, and the Plaintiff performed the Defendant’s construction site and equipment management, etc. <2> the Defendant paid KRW 3 million per month to the Plaintiff with the fees for the digging ground of this case, and ③ the installment loans remaining in the name of the Plaintiff were made oral agreements to pay the Defendant.

However, the defendant.