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(영문) 인천지방법원 2015.10.20 2015나50323
기계대금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3...

Reasons

1. Basic facts

A. While the Plaintiff was seeking a method of financing the business fund using one of his own-owned type type type machines (hereinafter “Plaintiff-owned type machines”), the Plaintiff agreed with the Defendant to take the form of selling the Plaintiff’s ownership machine on Samsung Card, and again, to raise the Plaintiff’s business fund by leasing and using Samsung Card, and to allow the Plaintiff to continue to use the Plaintiff’s ownership machine.

B. In accordance with the above agreement, on April 5, 2013, the Defendant sold the Plaintiff’s private launch machine to Samsung Card purchase price of KRW 35,000,00 (Additional tax separate), and the Plaintiff entered into a siren agreement with Samsung Card to lease the said private launch machine by setting the lease period of KRW 36 months and rent of KRW 817,00 (Additional tax separate).

(hereinafter “First Contract of this case”)

C. According to the above sirens contract, the Plaintiff paid 10,500,000 won as security deposit to Samsung Card on behalf of the Plaintiff, and paid the amount equivalent to the above money directly to the Defendant. Samsung Card paid 24,50,000 won, deducting 10,500,000 won as security deposit, from the purchase price of KRW 35,00,000 to the Defendant. The Plaintiff received a receipt from Samsung Card that the Plaintiff paid 10,50,000 won as security deposit under the first contract of this case to the Defendant.

After that, the Defendant, on July 18, 2013, again sold 35,000,000 won in the Samsung Card to one of the launchers owned by the Defendant (hereinafter “the Defendant’s launchers”). On the same day, the Plaintiff entered into a siren agreement with the said Defendant to lease the launchers (hereinafter “the second contract”), and on the same day, the Plaintiff paid 10,50,000 won in the Samsung Card.

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