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(영문) 수원지방법원 2015.09.01 2014가합68979

유체동산인도

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “Nonindicted Company”) is a legal entity established on December 31, 2009 for the purpose of manufacturing and selling freezing air conditioning equipment, and the Plaintiff is a legal entity established on September 13, 2012 for the same purpose.

Defendant B (hereinafter “Defendant Company”) is a company primarily responsible for manufacturing and selling industrial boiler, etc., Defendant C is the representative director of the Defendant Company, and is a shareholder of Nonparty C and a director of Nonparty Company who owns 49% of the shares of Nonparty Company.

B. On April 18, 201 and January 30, 2012, the non-party company leased the office and factory operation building listed in the separate sheet No. 2 (hereinafter “instant building”) from the Defendant company in total to KRW 60,000,000, and used it as the office and factory of the non-party company, and used it as the office and factory of the non-party company, the non-party company kept and used each commodity listed in the separate sheet No. 1 (hereinafter “instant commodity”).

C. On April 2012, Defendant C obstructed access to the building of this case upon the conflict with other shareholders and directors of the non-party company regarding the management of the non-party company. On November 7, 2012, the non-party company filed an application against the Defendants for provisional injunction against delivery of the goods owned by the non-party company in the building of this case by Suwon District Court 2012Kahap413, and the Suwon District Court rendered a decision accepting the above application on December 13, 2012, and the execution of the above decision was completed on December 26, 2012.

On September 21, 2012, the Plaintiff concluded a contract with the Nonparty Company to purchase (hereinafter “instant sales contract”) the sales price of KRW 140,000,00 for the instant goods (hereinafter “the instant goods”) excluding two goods from half-prefabricated creator 800 (70%) and one goods from the freezing tower (hereinafter “other goods”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 6, 7, 11, and Eul