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(영문) 부산고등법원 (창원) 2018.06.21 2017나22301
중기인도 등
Text

1. The defendant's appeal is dismissed.

2. The costs of litigation incurred between the Plaintiff and the Defendant after the appeal are filed by the Defendant.

Reasons

Facts of recognition

The defendant is a person who operated a personal enterprise with the trade name of M in the U ofS for the purpose of repair and sale of outboard machines, fork-to-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

The name of the business operator of the instant workplace was changed to the Plaintiff on April 6, 2015.

On October 20, 2015, the Plaintiff purchased construction machinery listed in the separate sheet (hereinafter “instant construction machinery”) and the Defendant currently occupies the instant construction machinery.

The Daeho Industrial Co., Ltd. (hereinafter referred to as the “Shoho Industrial”) supplied the Plaintiff with revirative services at the instant workplace by the Gwangju District Court 2016 tea20457, but applied for a payment order on the ground that the Plaintiff did not receive the goods amounting to KRW 19,512,370, and the payment order was issued on December 13, 2016. After the Plaintiff’s objection, the payment order was issued on March 7, 2017, pursuant to the Special Metropolitan City District Court 2017Da501305, which is the litigation procedure, and the Plaintiff’s objection was implemented on March 7, 2017, “the Plaintiff would pay the Plaintiff 19,512,370 won to Daeho Industrial and the amount calculated at the rate of 15% per annum from December 17, 2016 to the date of full payment.” The said judgment became final and conclusive on April 22, 2017.

The Plaintiff paid KRW 15,529,530 for the first period of January 2016, KRW 7,643,890 for value-added tax imposed on the instant business establishment, KRW 855,930 for the second period of February 2, 2016, and KRW 7,029,710 for the first period of January 2017.

The outstanding amounts in the Daeho Industries are to be settled by the Defendant, who will be released from the set-up of Jeonju, WW, X 3, and to be handed over to 1.8 tons in the modern 8 tons and to be handed over to 3597 tons in the instant construction machinery (referring to the instant construction machinery).

On February 23, 2017, the Defendant prepared each of the following descriptions (hereinafter “each of the instant notes”) and delivered it to the Plaintiff.

1 Plaintiff: at any time the Do tax substitution industry.

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