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(영문) 서울고등법원 2017.04.27 2016나2042297

건설기계등록말소등

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The FF Co., Ltd. (F) is a corporation that imports secondhand construction machinery and sells them in Korea, carries on trade business such as construction machinery wholesale business and rental business, and the Plaintiff is a corporation that carries on specialized credit financial business, etc. as provided by the Specialized Credit Financial Business Act

B. On July 10, 2015, F entered into a sales contract with Japan Ableco International Co., Ltd, Ltd. (hereinafter “Ableco”) on July 10, 2015 for the purpose of importing and selling them to a third party in the Republic of Korea. On August 10, 2015, F paid KRW 5,800,000 for the instant second period as the down payment on the same day, and paid KRW 5,80,000 for the first period as the down payment. ② On July 18, 2015, Japan concluded a sales contract for the instant first period with SankiR Co., Ltd., Ltd., Ltd. (hereinafter “SankiR group”) with the purchase price for the instant first period as KRW 42,650,00 for the first period as the down payment on August 5, 2015.

C. On July 15, 2015, F entered into a sales contract with Defendant B on KRW 590,000 with respect to the term of the instant term of the second term, and entered into a sales contract with G on August 4, 2015 with the purchase price of KRW 620,000,000, respectively. ② On August 5, 2015, F entered into a sales contract with H on KRW 470,000 with respect to the term of the instant term of the second term of the second term of the second term of the instant case.

F A. F. F. F. F. F. P. each of the weather of this case

On August 6, 2015, in order to pay the remainder of the purchase price stipulated in each sales contract as stated in each paragraph, the Plaintiff and the lessee confirmed that the Plaintiff and the lessee purchased the leased goods with the funds in Korean won financed by the Plaintiff, and all incidental expenses are incurred. The Plaintiff and the F confirmed that the Plaintiff purchased the leased goods with the funds in Korean currency financed by the Plaintiff.