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Reasons
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(영문) 수원지방법원안산지원 2016.08.09 2015가단103722
손해배상(기)
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1. The Defendant shall pay to the Plaintiff 150,000,000 won with 15% interest per annum from April 9, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. B (hereinafter “B”), as an actual operator, the actor, has entered into a siren agreement with the Plaintiff on June 25, 2013, with one unit of literary machine learning center (FVM-104125DC, Falcon Machine 201, hereinafter “instant machinery”).

B. B, for the purpose of preparing money, concluded the instant machine distribution siren agreement with the Korea mechanical distributor, Co., Ltd. on July 22, 2013, and took out KRW 220,000,000 in a lump sum, and used KRW 110,00,000 out of this case’s machine in a lump sum and used the remainder money.

B On June 7, 2013, the Defendant entered into a contract with the Defendant to purchase new machinery (typed machine learning center, BM-27402) in KRW 418,00,000 and paid KRW 2 million as part of the down payment. As the money is insufficient, the Defendant’s staff-in-charge entered into a rental contract with the Plaintiff on the premise that the instant machinery was purchased from the Defendant and agreed to obtain a loan from the Plaintiff.

Accordingly, on July 22, 2013, the Defendant sold the instant machinery in KRW 150,00,000 to the Plaintiff who believed to be newly supplied by B (the cost is KRW 200,000 or KRW 50,000) and transferred the full amount to B on the day (the cost is KRW 200,000 or KRW 50,000,000, which was deducted from KRW 10,000,000, which was part of the new machinery purchase price.

B On October 25, 2013, it is difficult for the Defendant to file a request with the Defendant to cancel the sale of new machinery, and the Defendant returned KRW 12,00,000,000, which was accepted and received as payment.

C. Upon delinquency in the rent of the rent, the Korean mechanical distribution siren applied for a movable auction on the instant machinery to the Incheon District Court Decision 2014No4769, and sold on October 8, 2014.

[Evidence: lack of dispute, Gap 5, Eul 1, Eul 2, 4, fact-finding inquiry reply, and the purport of the whole pleadings]

2. The Defendant sold the instant machine to the Plaintiff. The Defendant is the owner.

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