logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.06.22 2015가단28223
유체동산인도
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 10,917,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. On May 17, 2013, the Plaintiff: (a) leased gold and presses equipment necessary for manufacturing rubber products (hereinafter “the instant movable”); (b) received rubber products from the Defendant without compensation; and (c) notified the Defendant to terminate the contract with the Defendant on August 2014; and (d) return the instant movable property to the Defendant on October 15, 2014.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver the movable property of this case to the plaintiff, unless there are special circumstances.

B. The defendant's assertion 1) as to the assertion that he purchased the movable of this case, the defendant evaluated the movable of this case as 5 million won and claimed that he purchased the movable of this case orally after deducting it from the price of supplied goods to be received from the plaintiff. However, there is no evidence to acknowledge the above argument merely with the result of the Eul evidence 1-1 and 2-1 of this case and the fact inquiry about the company C of this court and the response to the order to provide financial transaction information to BNK Capital Co., Ltd., and there is no other evidence to acknowledge it. 2) The defendant's above argument is rejected. 2) The defendant's judgment as to the simultaneous performance defense based on the right to demand beneficial cost reimbursement, 36 million won, and improved the movable of this case by paying the repair cost of this case to the plaintiff. Thus, according to the response of beneficial cost entrustment of this court D (E) of this case, according to the defendant's assertion that the remaining movable of this case is more than 16,200 won, and the defendant's remaining portion of this case is more than 1000 won.

arrow