beta
(영문) 인천지방법원 2020.12.18 2020가합53032

목재기계인도

Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant of a business chain D engaged in the manufacture, wholesale, retail, etc. of timber located in the Dong-gu Incheon Metropolitan City, and the Defendant of a business chain F engaged in the same business located in Seo-gu Incheon, Seo-gu, Incheon. As the Defendant’s punishment died on October 28, 2013, the Plaintiff and the Defendant entered into an agreement on timber machinery used in D (hereinafter “instant agreement”) on January 15, 2014 as follows.

The plaintiff is a business operator D and the defendant is a F business operator, and the plaintiff of the attached list D did not submit the attached list cited in the agreement of this case to the lawsuit of this case by asserting that the defendant was brought about. The above attached list is attached to the claim of this case.

1. It is stated that there is no material to view that it is the same as the list.

There is a fact that timber machinery has been lent to F.

In regard to a case where the Plaintiff and the Defendant leased timber machinery in the above attached list, the Defendant deposits KRW 4 million per month from January 2014 to December 60, 2018 into the Plaintiff-owned Nonghyup Bank H.

The plaintiff does not interfere with the business day of the defendant, such as the management of F.

The defendant shall provide the plaintiff with a loan of 80,000 won up to September 2014.

The defendant is not able to pay the above agreed amount, and the plaintiff shall recover the leased machinery after one month has passed.

The above agreement shall be null and void when the defendant makes a lump sum payment to the plaintiff with the amount of KRW 2.4 million per month which the defendant agreed to pay to the plaintiff 4 million per month for five years.

B. The Defendant paid KRW 4,00,000 per month to the Plaintiff from January 2, 2014 to February 2, 2018 pursuant to Article 2 of the instant agreement, but did not pay the said money from March 2018, and pursuant to Article 4 of the instant agreement, the Plaintiff was on January 2014 pursuant to Article 4 of the instant agreement.