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(영문) 인천지방법원 2018.11.09 2018가단14525
기계인도
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 14,00,000 for the Plaintiff and its related expenses on November 10, 2018.

Reasons

1. Basic facts

A. The Plaintiff holds a claim amounting to KRW 14,010,000 in total, including the goods price, rent, electricity charge, etc., against Nonparty D.

(In Incheon District Court 2016 Ghana41820). (b)

With respect to the claim above, the Plaintiff and D drafted the “mechanic transfer and takeover contract” with respect to each machine listed in the separate sheet (hereinafter “the instant machine”) on April 5, 2017 as follows:

(No. 1098 Certificate of Law Firm E, etc.). However, the instant machine was occupied by D in a single minute and used by D.

Article 1 Section D transfers transferred machinery to the Plaintiff at the same time as KRW 14,010,000, and the Plaintiff shall take over the transferred machinery at the same time.

Article 2 After completing the procedure by which the Plaintiff inspects the quantity and condition of each machine listed in the attached Form, D shall deliver it to the Plaintiff at the same time, and D shall set off the amount of the judgment bond held by the Plaintiff against D as the automatic bond, and the amount of the transfer or acquisition as the passive bond.

Due to the above-off, the plaintiff's claim for the amount of judgment and the transfer price claim of D shall be extinguished, respectively.

C. After that, the Plaintiff’s employees went to the site with the instant machinery, but did not bring about the machinery in opposition of F, an employee of the Defendant and D.

On April 11, 2017, the defendant received advice from a certified judicial scrivener, and D, at the request of the defendant, made the defendant a "certificate of intention" with the following contents:

The above letter of surrender was signed and sealed by the plaintiff, the defendant, and the observer.

A) The lessor (the Defendant and the lessee (B) Article 1 of the D is a lessor and the owner of approximately 528.3 square meters of land and the first floor of building in Nam-gu Incheon Metropolitan City, and about 23 square meters of land.

B is a person who entered into a lease contract with Party A on May 1, 2016.

Article 2 Section B confirms that Party B is obligated to pay Party A the monthly rent of 28,591,170 won for the foregoing real estate in arrears for at least five months a month.

Article 3 Section B proceeds.

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