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(영문) 대구지방법원 2016.06.09 2015가단119441
유체동산인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Garen-scene Co., Ltd. (former trade name: Doren-scene Co., Ltd.; hereinafter referred to as “Garen-scene”) requested the Defendant to manufacture the attached list of machinery (hereinafter referred to as “instant machinery”) and supplied it, and leased it again to the Plaintiff (e.g., lease it).

On March 29, 2013, the Plaintiff requested the Defendant to keep the instant machinery, and the Defendant transferred the instant machinery to the Defendant’s factory.

The representative director B of the Plaintiff is the actual operator of C Co., Ltd. (hereinafter only referred to as “C”), and immediately after the aforementioned custody, B changed the siren to the Defendant from the sene to the Korean Barton Co., Ltd. (hereinafter referred to as “Korean Barton”). The Plaintiff: (a) sold the instant machinery; (b) requested the Plaintiff to pay the rental fee for the Korean Barton; and (c) requested the Plaintiff to pay the remainder of the rental fee; and (d) expressed his intention not to object to the sale of the instant machinery if the Korean Barton also paid the remainder of the rental fee.

Accordingly, on April 25, 2013, the Defendant sold the instant machinery to D et al. companies a total of KRW 253,000 (excluding value-added tax) and paid KRW 131,862,500 for the Plaintiff’s remaining sirens to D et al. as part of the above sales price.

[Ground of recognition] The Plaintiff’s assertion on the Plaintiff’s assertion as to the Plaintiff’s assertion as to the Plaintiff’s evidence Nos. 1, 4, 3-1, 2, 3-1, 4-2, 5, 7, 13, 5, 7, 13-2, 14-4, 6, 7, 8, and 12-14-2, 7, 8, and 12, and 150 tons of the presses owned by the Defendant and the Plaintiff, which were delegated by the Plaintiff for sale from the Plaintiff, was agreed to pay the remainder to the Plaintiff after deducting the Plaintiff’s rental fee for the instant machine and the rental fee for the Korean siren from the purchase price.

The plaintiff is the defendant 278,300.

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