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(영문) 대구지방법원 경주지원 2017.04.20 2016가단4702
동산인도
Text

1. The Defendant shall deliver the Plaintiff with the singing machines listed in the attached sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. The fact of recognition that the Plaintiff, on November 23, 2015, sold the instant singing machine to Defendant B, with the price of KRW 16.3 million as indicated in the separate sheet, and the payment date on December 26, 2015, installed the instant singing machine in the Esing room operated by Defendant B; Defendant B paid only KRW 5 million out of the said payment; the Plaintiff cancelled the said sales contract on the ground of the nonperformance of the obligation to pay the purchase price by delivery of a duplicate of the instant complaint; Defendant C, a partner in the form of the instant singing room; Defendant C, a partner in the form of the instant singing room, and Defendant D, a business owner in the name of the said singing room, who jointly occupies the instant singing machine with Defendant B, barring any special circumstance. Therefore, the Defendants are obligated to deliver the instant singing machine to the Plaintiff, barring any special circumstance.

[Ground of recognition] The Plaintiff, Defendant B, and C: The absence of dispute, each entry of Party A’s Nos. 1 through 4 (including virtual numbers), the purport of the whole pleadings, and Defendant D: Confession (Article 208(3)2 of the Civil Procedure Act)

2. Defendant B’s assertion that Defendant B had no evidence to acknowledge the payment of the remainder, on the ground that the instant singing machine was entirely used as a material.

Therefore, Defendant B’s assertion is without merit.

3. In conclusion, the plaintiff's claim shall be accepted for all reasons, and it is so decided as per Disposition.

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