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(영문) 서울남부지방법원 2015.12.03 2015가단225855
부당이득금 반환 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who runs the tete fishery with the trade name of “D,” and Defendant B is a person who sells all used machines related to furniture and singcing with the trade name of “E,” and Defendant C is a person who repairs an automatic control device with the trade name of “F.”

B. 1) On December 30, 2014, the Plaintiff: (a) between Defendant B on December 30, 2014; and (b) between 128 and 128-scale multi-raying machine (hereinafter “instant machine”).

(2) The sales contract for used machinery and appliances (see Evidence A 5; hereinafter referred to as “instant sales contract”) which provides for KRW 16.5 million (including value-added tax) with respect to the purchase price.

After the conclusion of the contract, on January 1, 2015, the Plaintiff remitted KRW 1 million as down payment to the Plaintiff on January 8, 2015, and on January 8, 2015, the Plaintiff concluded a facility lease agreement (hereinafter “the lease agreement of this case”) with the seller to purchase and lease the instant machinery from the Plaintiff. The Plaintiff paid KRW 545,40 on monthly rent for 36 months, and the Plaintiff paid KRW 545,400 to the Plaintiff to receive the instant machinery after the lease term expires.

Accordingly, the above company paid 15 million won to the defendant B on the same day, and the defendant B delivered the instant machinery to the plaintiff around that time.

C. 1) On January 8, 2015, the Plaintiff determined the total production amount as KRW 1.5 million between Defendant C and Defendant C, which was introduced by Defendant B on January 8, 2015, and entered into a contract with the Plaintiff that additionally produces the saws and three tights on the instant machine by January 15, 2015 (see Evidence A No. 8; hereinafter “instant manufacturing contract”).

After the conclusion of the contract, on January 18, 2015, the Defendant C remitted one million won of down payment to Defendant C. (2) Defendant C completed the installation of a sawba and three tights on the instant machine around March 25, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 2 and 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff's assertion.

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