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(영문) 서울고등법원 2015.04.17 2014나2038157

동산인도

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the statements in Gap evidence 1, evidence 2-1, evidence 2-2, evidence 3-1 to 4, and evidence 4-15 (Evidence 5, evidence 3, evidence 5, evidence 3).

On February 8, 2012, the Taenam Industries Co., Ltd. (hereinafter referred to as the “Titch Industries”) entered into a supply contract with the Red Technology Industry Co., Ltd. (hereinafter referred to as the “Sitch Industries”) under which sales and transportation cost of 3,738,680,000, and delivery date from February 13, 2012 to July 30, 2012 set forth a supply contract with regard to 4,000 sets of time file titch (hereinafter referred to as the “Sitch Industries”) and agreed to re-purchase (buy-bbbbbba) the Sit industry if it has completed the use of the aforesaid file and requested re-purchase in the solar industry within the designated date.

After that, on April 2013, the red field industry requested re-purchase of the prote file in the solar industry.

B. On April 18, 2013, Thai Industries entered into a temporary re-lease agreement (hereinafter “instant lease agreement”) with the content that 890.086t, among re-purchase files with the Defendant from red industry, shall be leased from 186,918,060 won for rent to 186,918,060, and the term of lease from April 19, 2013 to October 18, 2013, and the fixed quantity shall be determined by the acceptance certificate signed and sealed by both parties. Accordingly, the red industry from April 19, 2013 to the Defendant’s construction site (hereinafter “instant construction site”), which was installed at the 18531,00 Taedong-gun, Taedong-gun, Taedong-gun, Taedong-gun, Gyeongdong-gun, the Defendant performed with the construction site (hereinafter “instant construction site”), and the actual fixed quantity of goods installed at the instant construction site (hereinafter “instant construction site”).

C. As the solar industry failed to prepare a re-purchase price for the foregoing prote file to be paid to the red industry, it was planned to raise some funds through a lease agreement with the Plaintiff. It is the material submitted by the solar industry to the Plaintiff when requesting the conclusion of a lease agreement.