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(영문) 대전지방법원 2014.03.20 2013가합5729
동산인도
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. D, the actual operator of “C”, on February 19, 2010, purchased, under the name of father E, the nominal owner of C’s business registration, the movable property indicated in the separate sheet (hereinafter “instant machinery”) from the two infrastructure infrastructure sub-sale Co., Ltd. (hereinafter “non-sale”), for KRW 127,600,00 (including value-added tax). On the same day, D entered into a lease agreement (hereinafter “the instant lease agreement”) with respect to the instant machinery by setting the period of 36 months as the installment period.

The lease agreement of this case provides Filisung Capital with part of the price of the instant machine to E in the form of financial leasing, and the ownership of the instant machine during the lease term has the Fff Capital, and if E pays all the rent during the lease term of 36 months, it can be returned to E, re-lease, or E acquires the ownership of the instant machine according to an agreement between the lease company Fff Capital Capital and E, a lessee, in accordance with the lease term.

[Article 1, Article 10, Article 25, and Article 31](b) of the Lease Contract (Evidence 2-1 of the A).

D transferred the instant machine to E-gu H, who operates the “F” of the manufacturer of the factory machinery (former name: G), and H installed and used the instant machine at its factory.

C. H deposited the amount of KRW 10 million on March 5, 2010, KRW 200,000 on the account under the name of C or E during the lease period under the instant lease contract, KRW 3 million on May 4, 2010, KRW 300,000 on May 18, 2010, KRW 10,000 on June 30, 2010, KRW 64 million on September 6, 2010, KRW 37 million on November 3, 2010, KRW 3 million on November 5, 201, KRW 200,000 on January 5, 201, KRW 200,000 on KRW 3 million on April 1, 201, KRW 300,000 on June 31, 201, KRW 300,000 on June 15, 2012

D and H have supplied the goods to H while operating their respective C and F. D and D have supplied the goods to H.

two persons at the time of the deposit, such as paragraph (1).

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