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(영문) 창원지방법원 2014.04.16 2013나342

매매대금등반환

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Of the Plaintiff’s claim, the first instance court accepted only part of KRW 66,301,200 as to the first machinery of this case, and dismissed the remainder.

The scope of the trial of this court is limited to the claim of the above 66,301,200 won since only the defendant appealed against the part against him.

2. The same shall apply to the entries in the first-class and second-class judgment of the court of first instance on basic facts.

(main sentence of Article 420 of the Civil Procedure Act). 3. Determination on the cause of the claim

A. The Plaintiff’s assertion that, upon entering into the instant agreement, the Plaintiff and the Defendant agreed to pay the Plaintiff the remainder of the lease fee paid by the Defendant from the sales price of the instant machine No. 1, and the remainder after deducting the expenses incurred by the Defendant’s succession to the lease contract, etc., from the purchase price of the instant machine No. 1, or may be acknowledged by the statement of evidence No. 1, No. 2, No. 19, and No. 20; 2), the Plaintiff’s assertion that the Plaintiff should return to the Plaintiff the remainder after deducting the lease fee paid by the Defendant from the sum of the sale price of the instant machine No. 1, the Plaintiff’s assertion that the Plaintiff should return to the Plaintiff the remainder after deducting the lease deposit paid by the Plaintiff from the sum of the lease deposit paid by the Plaintiff, and the lease deposit return amount paid by the Defendant from the Plaintiff’s first machine No. 1 when the Defendant received the instant machine No. 1 from Korea from the Plaintiff, is reasonable in light of the following circumstances acknowledged by the evidence.

Therefore, the lease deposit is subject to the settlement of accounts under the instant agreement.