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(영문) 인천지방법원부천지원 2016.06.10 2015가단17359
외상매출금등
Text

1. The defendant shall deliver 162 gas containers listed in the attached Table 1 list to the plaintiff.

With respect to the above gas containers.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 3, 4, and Eul evidence Nos. 1-1 and 2.

The plaintiff is a company that manufactures and sells hydrogen and other gas, and the defendant is a company that manufactures and sells gas.

B. Since 1986, “A” was established as the Defendant corporation on November 5, 2014, while engaging in a business as an individual entrepreneur, and the Plaintiff continued to sell gas to the Defendant even after the establishment of “A” as the Defendant corporation.

C. According to the case, the Plaintiff traded with the Defendant in the form of injecting gas into a container owned by the Plaintiff and supplying the container to the Defendant.

2. The assertion and judgment

A. The plaintiff alleged that the defendant did not return 40.2 liter gas containers 116 and 46.7 liter gas containers as shown in the attached Table 1 list among the containers leased by the plaintiff, and that the defendant is obligated to return them. Accordingly, the defendant alleged that the defendant was wrong in calculating that he lent 162 gas containers to the plaintiff on the transaction account books of the rental containers stored inside the plaintiff. Accordingly, the defendant did not return them to the plaintiff.

B. According to the reasoning of the judgment below, the defendant, on February 28, 2015, prepared a confirmation document confirming that 40.2L gas containers 177 (O24, H26, N2147) and 46.7L gas containers 414 (AR 413, Hae 413, and Hae 1), and according to these facts, the defendant, as of February 28, 2015, was liable to return 40.2L gas containers 177 and 46.7L gas containers 414 to the plaintiff as of February 28, 2015. Accordingly, the defendant, upon the plaintiff's request, has the duty to return the gas containers 40.2L gas containers 16 and 46.7 LL gas containers 46.7, as stated in attached Table 1 list to the plaintiff.

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