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(영문) 대구지방법원서부지원 2017.11.09 2017가합545
건설기계사용대금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Main terms and conditions of the instant lease agreement;

1. Indication of the object;

(a) Construction machinery: 154-H other workshops;

(b) On-site: New construction of a knowledge industry center at the 193-8 Si/Gu 1, Dong-dong, Dong-dong, Chungcheongnam-si.

(c) Lease: Development of the friendly industry;

2. Period of use: From February 30, 2015 to December 30, 2015;

3. Amount to be used: 261,500,000 won (excluding value-added tax).

A. On February 12, 2015, the Plaintiff entered into a construction machinery lease agreement (hereinafter “instant lease agreement”) with Nonparty Co., Ltd., Ltd. (hereinafter “SP”) on the following terms:

B. Under the instant lease agreement, the land was owned by Nonparty CK Co., Ltd. (hereinafter “instant land”). On June 25, 2015, the non-party Asian Trust Co., Ltd. (hereinafter “A Asian Trust”) was registered for the transfer of ownership based on the trust on June 23, 2015, and thereafter, on October 31, 2016, the registration for the transfer of ownership based on the sale as of September 19, 2016 was completed on the same day.

C. The Defendant acquired the instant land through a public auction, and the notice of the public auction of the Asian trust on the instant land contains the following special factors.

4. The public auction goods referred to in this paragraph may incur on-site adjustment costs, such as lien, in addition to the amount of successful bid at the site which has been interrupted during the construction, which shall be arranged as the buyer's responsibilities and costs.

[Grounds for recognition] The written evidence Nos. 1, 6, and 7 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is not paid KRW 218,652,50, among the construction machinery rents under the instant lease agreement, up to now.

The defendant has the land of this case from the Asian Trust.

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