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(영문) 서울중앙지방법원 2021.01.29 2018가단5254723
전부금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. C and the Defendant agreed to operate a printing shop on February 2, 2010, and the Defendant agreed to do so. C leased the site and factory of a printing plant, installed printing machinery, equipment, etc., and the Defendant concluded a printing contract using D’s representative director E and the fifth degree of publication with D’s representative director E in writing.

Accordingly, C leased a printing factory from February 2010 to March 2010 (a lease deposit of KRW 60,00,000) and leased a printing machine (a five printing machine of KRW 1,40,00). On February 2, 2010, C fixed a printing machine of KRW 5 color from H Co., Ltd. (a research I company, model G, acquisition cost of KRW 1,319,760,00) one time to KRW 2,639,520 per 660,00 rent for rent of KRW 0,00,000, KRW 25,000 per 72,000, KRW 19,730 per 60,000 per 72,000 and KRW 40,000 per 60,000 per 72,000, KRW 360,000 per each month and KRW 40,030,00 per H Co.

On March 15, 2010, the business operator registered and operated a printing factory (hereinafter “instant factory”) using the trade name as “F”.

2) On November 201, 2010, the Defendant and C drafted an implementation note as follows (hereinafter “first implementation note”).

C sold a printing machine on December 201, 201, which was after the completion of the first implementation letter.

1. The Defendant’s payment of KRW 21,519,383 to C on November 30, 2010 should offset and treat the amount to be received by C, such as rent and interest for the mechanical lease, etc. of the instant plant, and the amount to be paid by C as the cost of goods such as printing, and not raise any objection thereto.

2. C’s 17,573,220 won monthly lease fees for G installed in the instant plant, 1,385,800 won for vehicle lease, and 2,561,363 won for the loan.

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