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(영문) 인천지방법원 2015.01.13 2013가단56340
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 26, 2011, C, who operated a laundry, purchased the instant goods as laundry machine from the Warsawa Co., Ltd. (hereinafter “Ssawa”) designated by C (hereinafter “Ssawa”) and concluded a lease agreement with C on the lease fee of KRW 2,601,30 (36 months for lease).

B. Accordingly, on September 30, 201, when purchasing the goods of this case from the Warsaw loan on September 30, 201, where the lease contract is terminated due to the termination of the lease contract between Shari and Shari, the Shari entered into an agreement with the Shari to re-purchase the goods of this case (hereinafter “the re-purchase agreement”), and the Plaintiff jointly and severally guaranteed the obligation under the re-purchase agreement with the Shari regarding the Shari.

C. Since February 2013, C did not pay rent for the lease, C notified C of the termination of the lease agreement, and on April 17, 2013, notified the Plaintiff of the re-purchase of the instant goods in accordance with the instant re-purchase agreement.

C The obligee D made a proposal that he/she can recover part of his/her claim against C through the transfer of the instant goods to the Plaintiff, and paid the purchase price under the instant re-purchase agreement to the Plaintiff on April 22, 2013.

E. Meanwhile, on May 21, 2013, the Defendant attached the instant article in C’s laund on the basis of the authentic copy of the No. 168 of the No. 168 of the No. 2013 No. 168 of the No. 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 3, 2-6 (including provisional number), Eul evidence 1-1, the purport of the whole pleadings

2. The Plaintiff’s assertion was made by paying the purchase price to the character Capital through D on April 22, 2013.

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