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(영문) 광주지방법원 2018.10.05 2018나52210
사용료
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) each entry of the evidence Nos. 1 through 4, 6, 8, and 8 (including the paper numbers), and witness D’s testimony is as follows: (b) each entry of evidence Nos. 1 through 4, 6, 8, and 11 (including the paper numbers)"; and (c) the reasons for the judgment of the court of first instance are as follows, and (d) the same part of the fifth to the seventh three pages are as follows, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

B. Considering the above facts of recognition and the following circumstances revealed through this, it is determined that the lease agreement under the instant lease agreement constitutes a false conspiracy and thus null and void.

1) According to the first sale contract, the delivery date of the instant vessel is May 15, 2016. This is consistent with May 15, 2016, which is the remainder payment date of the purchase price of the instant vessel under the first sale contract, and the Plaintiff also stated to the effect that “the delivery date of the instant vessel was delayed at the date of the seventh day of the court of first instance, the remainder payment, and the delivery date was delayed.” The Plaintiff appears to have agreed to receive the instant vessel from the Defendant at the same time as the remainder payment. Thus, it is reasonable to view that Article 2 of the first sale contract belongs to the Defendant before the Plaintiff pays the remainder payment, barring any special circumstance. Article 2 of the first sale contract provides that “The Defendant sells the instant vessel as the gold date, and the Plaintiff is to purchase the instant vessel as the purchase price,” and the special terms and conditions prohibit the Defendant from selling the instant vessel on the date of delivery and repair of the instant vessel as of the date of the last payment of the vessel.”

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