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(영문) 부산지방법원동부지원 2016.05.26 2015가단15711
사용료 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver mechanical equipment listed in the separate sheet;

(b) June 2015;

Reasons

1. Basic facts

A. The Plaintiff is a person employed as C and retired on September 2013 by entering the Bo Metal Co., Ltd. which produces and supplies automobile hub posters around July 2003.

B. The Defendant is a person operating a business entity with a trade name, “D,” which supplies automobile parts with the lower office from July 2009 to the lower office, and Nonparty E registered its business from July 2009 to March 2013 with the trade name, “F” at the same place as “D,” and supplied automobile parts with the Defendant, with the lower office.

C. On February 2010, the Plaintiff and E purchased three mechanical equipment listed in the separate sheet necessary for the manufacture of parts of a motor vehicle (hereinafter “instant mechanical equipment”) in the name of E and used it by E, and the ownership was agreed to be owned by the Plaintiff.

E on January 15, 2010 and February 19, 2010, purchases the instant machinery and equipment in total of KRW 108,350,00,000, out of the purchase price, and paid KRW 26,100,000 on the date of the contract, and the remainder of the purchase price was paid in advance on the date of the contract, and E concluded a installment financing contract with Hyundai Syman social and filial Capital and received the loan.

From March 31, 2010 to December 10, 2014, the Defendant paid the sum of KRW 40,726,104 of the installment loans in the name of E to E, and from June 7, 2010 to April 2, 2012, the Defendant paid KRW 52,418,170 in the aggregate of the installment loans in the name of E to Hyundai Social.

E. On March 5, 2013, the Plaintiff and the Defendant entered into a contract for the lease of equipment (hereinafter “instant contract for the lease of equipment”) with the content that the Plaintiff leased the instant machinery and equipment to the Defendant on a monthly fee of KRW 2,50,000 and one year (in the absence of written notification of the cancellation, an automatic extension of one year) for the lease term (hereinafter “the instant contract for the lease of equipment”). The instant contract for the lease of equipment was notarized by Law Firm Busan-dong, Law Firm 544, 2013.

F. Defendant and E objection to the Plaintiff.

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