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(영문) 의정부지방법원 2016.10.21 2014가합54912

자동차인도 등 청구의 소

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1. The Defendant (Counterclaim Plaintiff) paid KRW 19,753,00 to the Plaintiff (Counterclaim Defendant) for KRW 15,00 from January 15, 2015 to September 30, 2015.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The status of the party is a company that aims at steel bars, concrete construction business, etc., and the defendant is a rubber block manufacturing and selling company.

B. On July 25, 2013, the Plaintiff entered into an agreement between the Plaintiff and the Defendant on each of the motor vehicles listed in the separate sheet (i.e., the agreement between the Plaintiff and the Defendant on each of the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicle”).

(C) On August 29, 2013, the automobile lease agreement consisting of KRW 48 months, monthly rent of KRW 960,000, and the automobile listed in Section 2 of the attached Table (hereinafter “instant automobile”) between Han Capital Co., Ltd. and the Plaintiff on August 29, 2013.

(2) On August 2013, the Plaintiff and the Defendant concluded an agreement with the Defendant to use the instant No. 1 and No. 2 in lieu of paying monthly rent under the respective automobile lease agreement (hereinafter “instant agreement”).

3) After November 6, 2013, the Defendant did not pay the monthly rent of the instant first automobile. Since December 9, 2013, the Plaintiff did not pay the monthly rent of the instant second automobile. 4) On February 7, 2014, the Plaintiff paid all the rent for the remainder of the instant first automobile, acquired the ownership of said automobile, and took out the instant first and second automobiles possessed by the Defendant as of October 24, 2014.

C. On December 24, 2008, the Defendant filed a patent application with respect to the invention on the “fluor-type packing materials and methods of their construction using natural soil,” and completed patent registration on September 30, 2009. On February 4, 2010, the Defendant filed a patent application with respect to the “fluor-type packing method of packing roads” and completed patent registration under Article 10-1178520 of the Patent Act on August 24, 2012. (2) The Defendant filed a patent application with respect to the “fluor-type packing method of packing roads.”