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(영문) 의정부지방법원 2015.02.10 2014가단11758
제3자이의
Text

1. The Defendant’s case concerning the purchase price of goods at the Macheon-si District Court 2013 tea1207 against Non-Party D Co., Ltd.

Reasons

1. Facts of recognition;

A. On April 19, 2013, the Plaintiff entered into a contract with E, the representative director of Non-Party D Co., Ltd. (hereinafter “Non-Party D”) to purchase machinery, including machinery Nos. 1 through 6, 10, 11, 12, 15, and 16 (hereinafter “instant machinery”) among movable property listed in the separate sheet (hereinafter “instant sales contract”), and paid the price to E on April 19, 2013.

B. On April 30, 2013, the Plaintiff purchased the instant machinery in accordance with the instant sales contract and occupied it by being handed over by means of possession revision. On April 30, 2013, the Plaintiff entered into a contract for forest processing to entrust the processing of landscaping facilities, steel structures, miscellaneous iron, etc. and made the instant machinery, etc. necessary for forest processing to be used by the said Nonparty Company.

C. On February 28, 2014, the Defendant executed a seizure of the instant machinery, etc. on the basis of the executory payment order for the goods payment case, which was executed by the Gocheon-si District Court 2013j1207, in relation to the Nonparty Company.

On the other hand, on October 18, 2001, E registered business concerning the business of manufacturing signboards and advertisements in the name of F, one’s wife, and purchased and used the instant machinery, etc., and discontinued business on October 26, 201.

In addition, on January 5, 2010, E established a non-party company, appointed as the representative director, and continued to conduct the above similar business using the machinery of this case. At the time, the non-party company acquired the property used for the above business before E, but the machinery of this case was not included.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 8, Eul evidence 4, witness E's testimony, purport of whole pleading

2. According to the above facts of determination as to the cause of the claim, the machinery of this case is registered in the name of its wife by E, and it is purchased and used on its own for the business in which E had operated its own business.

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