Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 2, 2009, C (the husband D of the Plaintiff, hereinafter “C”) and E Co., Ltd. (hereinafter “E”) concluded a contract to distribute 50% of the net profit accrued from a business that provides construction machinery to C and E and E with one construction machinery to F (F; hereinafter “F”)
Main contents are as shown in attached Form 2.
A letter of agreement submitted No. 2, but it is difficult to identify the contents.
The parts which cannot be identified shall be marked as the same.
B. C provided one unit of construction machinery listed in the separate sheet (hereinafter “instant machinery”) to F in accordance with the instant trade agreement.
C. On February 14, 2014, F entered into a joint agreement with the Defendant, and F, that the Defendant invested construction machinery, including the instant machinery, and that the Defendant loaned 900 million won to F as security, and that the Defendant jointly operates the file-related construction work in Jungdong, etc.
According to the joint agreement, F provided the Defendant with construction machinery, including the instant machinery, and borrowed KRW 900 million from the Defendant.
Until now, the Defendant has occupied the instant machinery in Saudi Arabia.
E. The owner of the instant machinery on the Construction Machinery original register was registered as the Plaintiff from August 13, 2008 until then.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 2 and 4, the purport of the whole pleadings
2. The plaintiff's assertion
A. The owner of the instant machinery is the Plaintiff registered as the owner in the construction machinery register.
The defendant who possesses the instant machinery shall deliver it to the plaintiff.
B. The Defendant is handed over the instant machinery from February 14, 2014.