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(영문) 대구지방법원 2016.06.22 2015나18525
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On May 22, 2014, the Plaintiff entered into a lease agreement with respect to B and Mammo X-ray equipment, etc.: (a) the acquisition cost of KRW 246,921,400; (b) the lease fee of KRW 7,680,80; and (c) the lease period of KRW 36 months; and (d) the lease agreement is concluded (hereinafter “first lease agreement”).

(2) On June 13, 2014, the Plaintiff entered into a lease agreement (hereinafter “second lease agreement”) with the acquisition cost of KRW 14,520,00 per month, lease fee of KRW 451,70 per month, and the lease period of KRW 36 months.

3) According to the lease contract Nos. 1 and 2, the Plaintiff, a lessee, acquired the leased property selected by B, and transferred the leased property to B while the Plaintiff owned by B during the lease period, and the Plaintiff was paid rent from B during that lease period. (b) The Defendant, a creditor of B, as a notary public, filed an application for an auction of seizure of the corporeal movables of total of 50 items with the title of title No. 90, 2015 (No. 2015.1682), and on April 28, 2015, the said corporeal movables were sold at KRW 38,50,000,00 on the date of sale open on April 28, 2015.

(Buyer) The Defendant received 37,498,710 won, which is the amount obtained by deducting 1,001,290 from the proceeds of sale of KRW 38,50,000.

Serial No. 300,000 2 key equipment related to the lease contract of No. 1 of No. 3, 200,000 on the non-number 1 of the appraisal value of goods at the auction (won) auction list, 1 to 300,000 〃 4 to 3 non-presidential local equipment (including triflating machines) 4 to 500,000 6 to 1 to 5 vert 5,000 verte (i to ewlle Lease) 1 to 6 Gacian Prosecutors related to the above lease contract of No. 2 of No. 8 15,000 1 to 30,000 1 to 15,000 7 to 30,000 1 to 30,000 8 to 30,000 1 to 1 to 308,005 1 to 306 9,601 to 308

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