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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The plaintiff and C are married couple, and the defendant is a person who engages in wholesale and retail business, such as construction machinery, with the trade name "E" in Kimpo-si D.
C) Through F, the C purchased the digging machines (type R984, size 89.3 tons, tea training number H, hereinafter “instant digging machines”) from G, a stock company run by F, in the amount of KRW 63,00,000, and completed the registration of the digging machines of this case on January 29, 2010.
C In order to pay the purchase price of the instant excavation machines, C was granted a loan of KRW 60,000,000 from Hyundai Social Co., Ltd (hereinafter “Moman Social Co., Ltd”) on January 29, 2010 (hereinafter “instant loan”), and the Plaintiff jointly and severally guaranteed the instant loan obligations.
C transferred KRW 63,00,000 as the purchase price to the account of G Co., Ltd. on the same day.
C et al. performed the obligation to repay the debt of the instant loan by December 25, 2012, but thereafter, the said obligation to repay in installments was not fulfilled, thereby losing the benefit of March 25, 2013. Hyundai C et al. transferred the instant loan claim against the Plaintiff et al. to Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) on April 2, 2013.
On the other hand, the Defendant, through F around April 1, 2010, purchased 45,00,000 won for the instant excavation machines from G, and then paid KRW 15,000,000 to F’s account on the same day, and KRW 30,000,000 to G’s account on April 6, 2010, as well as KRW 45,000,000 around that time.
C) Finding that the instant excavation machine is located in the Defendant’s place of business, and the Defendant filed a complaint with the Defendant on charges of acquisition of stolen property through occupational negligence in relation to the storage of the instant excavation machine at his/her place of business, but the prosecutor in charge did not confirm the construction machinery register of the instant excavation machine on December 11, 2013 and purchased it.