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(영문) 인천지방법원 2016.09.13 2014가단46043

동산인도

Text

1. The Defendant’s KRW 20,000,000 as well as annual 5% from June 20, 2013 to September 13, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On May 11, 2012, the Plaintiff entered into a contract for the transfer and acquisition of the mechanical facilities (i.e., transfer and acquisition of the instant machine in money when paying KRW 50 million to Nonparty C (hereinafter “instant agreement”) with the Nonparty Co., Ltd. (hereinafter “Co.”), and (ii) on July 19, 2012, a notary public issued a certificate of the said agreement with the law firm No. 3694, Mar. 2, 2012, with respect to the machinery listed in the separate sheet (hereinafter “instant machinery”).

B. On June 20, 2013, the Defendant: (a) sold to the same-sex industry Co., Ltd. the remaining machinery except the hot blasts of the instant machinery at KRW 20,000,000; and (b) received KRW 20,000,000 from the same-sex industry on July 2, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 11 and 12, the purport of the whole pleadings

2. The parties' assertion

A. On May 11, 2012, the Plaintiff asserted that the Plaintiff acquired ownership by acquiring the instant machinery from C, which was owned by the Plaintiff, and the Defendant disposed of the instant machinery to a third party with knowledge that it was owned by the Plaintiff, and thus, the Defendant should compensate the Plaintiff for the KRW 20 million, which is equivalent to the market price of the instant machinery, and damages for delay.

B. The Defendant’s assertion is merely an employee of C and E Co., Ltd. (hereinafter “Co. E”), who occupies the instant machine, and thus did not acquire possession of the instant machine.

Around June 1, 2012, the Defendant entered into a contract for the transfer and acquisition of crating lines, tailras, and other articles, including the instant machinery, (hereinafter “the first agreement”) with C.