logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.01.24 2016가단109583
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. A sales contract between the Plaintiff and C for the instant machinery is 1) The Plaintiff is an individual entrepreneur engaged in the manufacturing business, etc. with the trade name “D.” 2) The Plaintiff, around June 2013, intended to purchase from C 200, 25,000 so-called so-called “instant machinery” (hereinafter “instant machinery”).

(hereinafter “instant sales contract”). B.

(2) On June 24, 2013, the Plaintiff entered into a lease agreement on the instant machinery (hereinafter “Non-Party Company”) with the Plaintiff, with a view to paying the said purchase price, on a total of KRW 40,000,000, and KRW 1,454,200, and KRW 1,454,200, on a monthly basis, among the lease agreement on the instant machinery (hereinafter “non-Party Company”). The Plaintiff entered into a lease agreement with the Plaintiff to complete the purchase procedure of the instant machinery within one month from the date on which the lease agreement was concluded.

(3) However, at the time of the above contract, C borrowed the name of the Defendant as a relation which did not register the business, and the Defendant consented thereto. Accordingly, the non-party company issued an order for the instant machine to the Defendant, and the Defendant issued it to the non-party company with the seal affixed on the order acceptance form, thereby completing the lease procedure.

C. (1) On June 24, 2013, immediately after the completion of the instant lease agreement and the procedures thereunder, Nonparty Company carried out leases by remitting KRW 40,00,000 to the Defendant as the price for the instant machinery. (2) On the other hand, the Defendant, according to the designation of C, transferred KRW 8,00,000 out of the rent that was transferred to C as above on June 24, 2013, around 17:44, 2013, around 15:42, 2013, KRW 9,050,000, and KRW 18,300,00 to C in the name of E account, the Plaintiff’s employee, respectively.

After the preparation of the certificate of the return of the instant machinery, the Plaintiff is the instant machine.

arrow