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Reasons
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(영문) 대전지방법원서산지원 2017.07.11 2016가단53352
부당이득금
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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant and the non-party company (hereinafter “the non-party company”) imported construction machinery used in a foreign country and sold it to the nationals. The non-party company is the mid-term company (TR-500M-3, 2000, domestic registration number C, and hereinafter “the instant mid-term company”) from B around August 2015. The non-party company is called “the instant mid-term company.”

(2) On September 7, 2015, the non-party company entered into a lease agreement (hereinafter “the lease agreement of this case”) with the Defendant for a lease period of 60 months (six months in grace period) with respect to the term of this case (hereinafter “the lease agreement of this case”), and agreed that the ownership of the term of this case shall be vested in the Defendant even if the non-party company partially bears the cost of the goods, the ownership of the term of this case shall be vested in the Defendant.

3) On September 9, 2015, the Defendant is the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”).

(4) On September 30, 2015, the non-party company filed an application for the issuance of a letter of credit with the Defendant, the beneficiary, B, and the beneficiary, and on the same day, our bank issued a letter of credit for the import of the period in this case to the Defendant. On September 30, 2015, the Defendant paid the above letter of credit price and the fee to our bank, and received a bill of lading from our bank regarding the period in this case. 4) upon the arrival of the period in this case at the port of registry, the non-party company proceeded with the procedure for customs clearance and the registration of ownership under the Construction Machinery Management Act at the expense of the non-party company.

5) On October 14, 2015, the Plaintiff concluded a sales contract with a non-party company as the sales price of KRW 405,000,000 (excluding value-added tax) for the term of the instant period (hereinafter “instant sales contract”).

the following:

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