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(영문) 수원지방법원 2014.06.17 2012가단87269
할부대납금등
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

On May 1, 201, there is no dispute over the fact that the Plaintiff entered into a contract of transfer on the condition that the Defendant pays the installment of the vehicle of 25 tons of C dump truck 2005 to the Defendant on or after the date of the above contract.

As the cause of the instant claim, the Plaintiff asserts that the Defendant shall pay KRW 53,68,868, which was unpaid from the above installment until December 1, 2013, and that KRW 2,550,620 shall be paid from December 1, 2013 to September 14, 2014, which is the last installment date.

According to the purport of the evidence No. 4-1, Eul evidence No. 4-1, witness D, and the whole pleadings, the contract of this case was concluded with the plaintiff as D was a bad credit holder and purchased with the defendant's name, and the installment was paid with D, and the name of the above truck was also terminated in E, which is the mother of D. Thus, the party to the contract of this case is judged to be D, and thus the plaintiff's claim of this case is dismissed as without merit.

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