(영문) 대전지방법원 2018.01.10 2017가합104365

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(영문) 대전지방법원 2018.01.10 2017가합104365

제3자이의

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company that purchases aggregate from aggregate extraction business entities and supplies ready-mixed companies, and one development company (hereinafter “one development”) is a company that engages in the business of screening and crushing of aggregate, aggregate extraction business, etc.

B. On March 22, 2016, one development was awarded a contract for the production of aggregate from a limited liability company, and around August 2016, installed facilities necessary for the crushing and screening of aggregate (hereinafter “instant facilities”) at a factory located in the 36-9 Sinsando-dong 36-9 (hereinafter “instant factory”) holding the said business around August 2016, to perform the said business.

1. Defendant (1) shall pay KRW 250,000,000 to the NongHyup Bank account in the name of one development bank on August 18, 2016 (including value-added tax).

② Under the contract, the above money is the purchase price for the instant facilities among the above objects.

3. The first development confirms that the instant facilities have been delivered to the Defendant on the date of this Agreement, and the Defendant grants possession, use and right to benefit on the same day, and one development shall directly possess the said facilities.

(Agreement states as “indirect possession,” but it appears to be a clerical error in the “direct possession,” 2.1 Development (1) pays the Defendant the amount of KRW 250 million from August 18, 2017 to August 17, 2018, and then exercises the right to repurchase on the instant facilities.

(3) One development shall be paid to the defendant the rent for facilities at the rate of KRW 7 million per month (excluding value-added tax) by the day on which the right of repurchase is exercised, and the date of payment of rent shall be the 18th day of each month.

4. After this Agreement, one development does not perform any act of disposal against a third party, such as sale and purchase, security, or creation of rights of another party, without the defendant's explicit consent.

5. After this Arrangement, one development shall be made for the above objects.

유사 판례

-대전지방법원 2018.01.10 2017가합100462

-대전지방법원 공주지원 2017.02.23 2016가단20151

-대전지방법원공주지원 2015.06.10 2014가합20451

-대전지방법원 2018.01.18 2017나104659

-서울고등법원 2017.06.23 2016나7878