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(영문) 청주지방법원 2017.03.30 2015가단113163

유체동산인도

Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. A. On July 2015, the Plaintiff, running a business entity called “D”, entered into a sales contract with Defendant B, which operates the business entity called “E,” with a view to purchasing one set of heavy pressure scrapers (a model name HP400; hereinafter “instant hydrotension scrapers”), and its main contents are as follows.

Sales amount: Electricity distribution and trial operation of KRW 10 million (excluding value-added tax) shall be conducted in E, and a consortium shall be installed in D.

D T. 400 E. 1 feet (including 400 E. F., hereinafter referred to as the “T. T. T. T. T.) as movable in the attached list, shall be sent from D to F.T. 400 E. to F.T.

B. After that, on July 15, 2015, Nonparty F, the actual operator of Defendant B’s agent, drafted a written confirmation (hereinafter “instant agreement”) with the Plaintiff on the following: “The Plaintiff immediately sent the scrap scrap to Defendant B, the Plaintiff, and the Defendant B, as soon as the Plaintiff sent the instant shock scrap to the Plaintiff, and promised to cause the Plaintiff to have the construction and the trial run. All the articles as of July 16, 2015 are sent out to the Plaintiff and the construction is undertaken on July 20, 2015 (hereinafter “instant agreement”).

C. According to the sales contract of this case, the Plaintiff paid the sales price to Defendant B in full, delivered the scrap scrap of this case to the Plaintiff, and Defendant B delivered the shock scrap of this case to the Plaintiff.

On the other hand, on October 13, 2015, Defendant B sold the scrap scrap of this case to Defendant C who operates an enterprise called “G” at KRW 19,50,000.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 (including virtual numbers), Eul 1 to 4, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion 1 is an incidental agreement to the instant sales contract, and Defendant B newly purchased.