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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in full view of the purport of the entire pleadings for the testimony of the first instance court witness D, each of the entries in Gap evidence 1 to 3, Eul evidence 1 and 2 (including the branch numbers; hereinafter the same shall apply) and the testimony of the first instance court witness D:
D On February 19, 2010, under the name of father E, a contract was made to purchase the instant machinery from the second industry infrastructure Co., Ltd. to 127,600,000 (including value-added tax) and entered into a lease contract with respect to the instant machinery (hereinafter “the instant lease contract”) on the same day.
The lease term shall be 36 months.
The term "lease" in the lease contract of this case means the lease of facilities under the Specialized Credit Finance Business Act in accordance with the above contract with respect to the disposal of the goods after the end of the lease contract of this case by acquiring or borrowing the machinery of this case for use to E during the period stipulated in the above contract. Filial Capital means the lease of facilities under the Specialized Credit Finance Business Act as stipulated in the above contract.
(Article 1. E is limited to the right to possess and use the property under the instant lease agreement during the lease period, and in no case the ownership and other rights to the property are transferred to E.
Even if E bears part of the acquisition fund in acquiring the instant machinery, the ownership of the object is to entirely belong to the filial capital.
(1) Article 10(1) and (3) E does an act of infringing upon the rights of the dynasium, such as sale, transfer, sub-lease, pledge, establishment of mortgage, provision of security, etc. of the lease contract or machinery of this case without the prior written consent of the dynasium, or the place where the machinery of this case is installed.