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(영문) 수원지방법원 2015.06.03 2014가단23429

동산인도

Text

1. The defendant shall deliver to the plaintiff movables listed in the attached list, and when execution of the above delivery is impossible.

Reasons

1. Facts of recognition;

A. On April 2, 2014, the Plaintiff: (a) sold the movable property indicated in the separate sheet (including KRW 136,300 km beam 136,300 km; hereinafter “instant movable property”) owned by the Plaintiff to K as the purchase price of KRW 101,952,400 (including KRW 680 per kilogram unit price, value added tax) between the Plaintiff and the name influor who misrepresented the case industry (hereinafter “K”); and (b) concluded a sales contract with respect to ownership reservation with the purport that the ownership of the instant movable is reserved to the Plaintiff until the purchase price of the goods is fully paid.

[Recognizing that the above facts were acknowledged by each description of the transaction statement (Evidence No. 10-1 through 5 of the evidence No. 10) received between the plaintiff and the case, the existence of the phrase "after the arrival of the site, the conditions subsequent to the settlement after the inspection of the sealed goods after the arrival of the site" as stated in the order (Evidence No. 2) is insufficient to reverse the above facts, and as seen below, the movables of this case were delivered to the defendant under the condition that the purchase price is not paid to the plaintiff).

As of the same day, notice entered into a contract with the Defendant for the sale of the instant movable property at KRW 91,457,300 (including KRW 610 per kilogramg unit price, KRW 610 per kilogram unit price, value added tax). On April 3, 2014, the Defendant paid KRW 66,514,400 to the Defendant’s place of business located in the Defendant’s place of business (=109,040km x 610 won) to the Defendant, and received delivery of the instant movable property.

C. The Plaintiff was not paid KRW 3,500,000 out of the purchase price of the instant movable property from case.

The present price of the movable in this case is 540 won per 1 km.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 7 through 10, Eul evidence 3 through 11 (including each number), the purport of the whole pleadings

2. In concluding a sales contract of movable property to determine the cause of the claim, the seller delivers the object to the buyer before receiving the payment in full, but the price will be the same.