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(영문) 수원지방법원 2019.01.16 2018가단3591
기계인도등
Text

1. The defendant shall be the plaintiff.

(a) deliver each machine listed in the separate sheet;

B. From December 1, 2017, each of the above machinery.

Reasons

1. Facts of recognition;

A. C used each machine listed in the separate sheet (hereinafter “instant machine”) from E Co., Ltd. in the name of E Co., Ltd., and the lease fee was overdue, E Co., Ltd. sold the instant machine by public auction.

B. At the time, the instant machinery was used in the factory of F Co., Ltd. (hereinafter “Co., Ltd.”) in which C was actually involved in its operation. Upon the process of public sale of the said machinery, C borrowed KRW 35,30,000 from F’s representative director G, and requested H operator I who was known to C to purchase the instant machinery during the public sale procedure, by transferring the said KRW 35,30,000 to F’s representative director G.

C. Accordingly, on July 31, 2015, I purchased the instant machinery at KRW 35.3 million in the public sale procedure. D.

On the other hand, the Plaintiff purchased the instant machinery from G, who purchased the instant machinery from G, and received a proposal to lease the said machinery, and subsequently purchased the instant machinery from I on August 10, 2015, and transferred KRW 35,300,000 to F’s account on September 1, 2015 at I and C’s request.

(A) The sales contract of the evidence No. 2 stated the mechanical price of KRW 40,300,000, but the actual sales price was KRW 35,300,000).

The Plaintiff was entrusted to C with the business related to the lease of the instant machinery, and C expressed that for the Plaintiff, the Plaintiff leased the instant machinery to F from October 2015 to May 2016, and to J Co., Ltd from May 2016 to August 2016, and on November 1, 2016, the Plaintiff voluntarily leased the instant machinery to the Defendant Company from November 1, 2016 at the instant complaint.

From the beginning, each lease was made to the Defendant Company.

(F) both the F, J and Defendant Company appears to have been actually involved in the operation thereof. (F) From November 1, 2016 to November 10, 2017, Defendant Company paid 1,200,000 won per month to the Plaintiff over 13 times a period from November 1, 2016 to November 10, 2017, in other words, the fee by November 30, 2017.

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