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(영문) 수원지방법원안산지원 2014.02.13 2013가합20868

제3자이의

Text

1. All of the plaintiff's claims are dismissed.

2. The case concerning the application for the suspension of compulsory execution (No. 2012carg88) by the Changwon District Court.

Reasons

(b) shall be null and void;

② The Plaintiff asserted that the sn beam beamline sold to E was converted into the leased method by purchasing it again in accordance with the sales contract and lease contract dated July 27, 2012. However, since the form and content of the sales contract as of July 27, 2012 are different from that of the existing sales contract and it appears to be an exceptional case, it cannot be acknowledged as it is.

(2) In light of the above contract, the Plaintiff is deemed to have leased the sn beam beamline to E, even if the Plaintiff is deemed to have leased the sn beam beamline to E, there is no proof as to whether the Plaintiff actually delivered the sn beam beamline under each of the above lease agreements, and whether the sn beam beamline attached by the Defendants is part of the sn beam beam beamline leased by the Plaintiff. (3) Rather, the sn beam beamline attached by the Defendants is deemed to be part of E as part of the 2,50 tons of the sn beam beam beamline purchased by the Plaintiff.

① On February 16, 2012, E purchased 1,00 tons of 310*310 tons from the Plaintiff.

The evidence No. 1 is based on the evidence No. 1. Of the various contracts submitted in the instant case, the product specifications of the other contracts are entirely different from “300*300,” or “310*310,” only from the product specifications of Eul No. 1.

② On February 16, 2012, E decided to purchase 1,00 tons of 300*300 metric beamline from the Plaintiff, but changed the trading volume to 1,500 tons on March 13, 2012.

3. Determination

A. The key issue of the instant case is whether the sloping beamline attached by the Defendants is the Plaintiff’s ownership, and the Plaintiff is part of the sloping beamline delivered to E according to the lease agreement as of February 16, 2012 and the alteration agreement as of March 13, 2012, and ② the sloping beamline as of July 27, 2012 is the part of the sloping beamline delivered to E under the sales contract and lease agreement as of July 27, 2012, and is examined as of the above item.

(b) the annexed list;