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(영문) 의정부지방법원 2018.08.16 2017가단115835
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

A. The Plaintiff entered into a contract with D, E, F, G, H, and I (hereinafter “Nonindicted Company”) for the purchase, slaughter, and delivery agency of cattle, purchased the lawsuit, and performed slaughter in the K slaughterhouse, Inc., Ltd., Ltd., located in Gyeonggi-gun J (hereinafter “instant slaughterhouse”), and then sent the “rinder” to the Nonparty Company.

B. The Plaintiff revoked his/her driver’s license on April 2, 2013, and was disqualified until April 8, 2015.

C. From March 1, 2013 to February 28, 2016, Defendant B driven a bus or taxi owned by the Plaintiff from Defendant B’s house located in the Namyang city (excluding holidays) to the Plaintiff’s house located in 112 dong 12 12 dong 1203 at the Namyang city to the Plaintiff’s house located in 12 dong 1203 at the Namyang city, Defendant B was trying to drive the Plaintiff’s vehicle to approximately 56 km until 10-11 am, and to move to the instant slaughterhouse that takes about about 16 km by the Plaintiff’s vehicle to approximately 16 km. From the point of view of at least 2-3 o’clock, at the point of view, Defendant B tried to drive a vehicle owned by the Plaintiff and start to the Plaintiff’s house.

Meanwhile, from May 2013 to March 2016, the Defendants processed the litigation ordered by the non-party company, etc., and received the head and by-products of the lawsuit other than those delivered to the non-party company from the above non-party company.

[Ground of recognition] The plaintiff asserted that Gap's evidence Nos. 1, 2, 9 (including branch numbers), Eul's evidence Nos. 3, and the purport of the whole pleading is as follows. The plaintiff acquired the head and by-products of the lawsuit owned by the non-party company from the slaughterhouse of this case as shown below. The defendants received from the non-party company the claims of the remaining KRW 123,510,000 (the by-products of the lawsuit owned by G No. 4) excluding the above by-products No. 123,650,000 (the by-products of the lawsuit owned by G No. 123,650,000), and the defendants are obligated to pay the above by-products to the plaintiff.

The plaintiff on 140.

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