beta
(영문) 수원지방법원 2015.09.24 2014가단62837

인도명령 등

Text

1. The Plaintiff, Defendant B, and Defendant C, in the form of gold-type 12 set out in the attached Table 1 list, and the form of gold-type 10 sets set out in the attached Table 2, respectively.

Reasons

1. Basic facts

A. On May 12, 2010, the Plaintiff is a security agreement for transfer security with D Co., Ltd. (hereinafter “Nonindicted Company”) to which the following terms and conditions are as follows:

the notarial deed of this case is called as the "notarial deed of this case" under this contract.

(1) On May 12, 2010, the Plaintiff: (a) lent KRW 200 million to Nonparty Company and borrowed it. Article 2 (Method of Payment) shall be paid in cash on December 13, 2014; (b) shall be KRW 7.2% per annum and the date of payment of interest shall be the last day of each month; (c) the place of payment of the obligation shall be the domicile of the Plaintiff. Article 4 (Place of Payment) shall be the domicile of the Plaintiff.

1. When a bankruptcy declaration, commencement of rehabilitation procedures, or application for commencement of individual rehabilitation procedures was filed against the non-party company;

3. When the non-party company delays the payment of this fund three times or more, the non-party company (Recognition of Compulsory Execution) recognized that there was no objection even if compulsory execution was conducted immediately when the non-party company fails to perform its obligation under this contract.

Article 9 (Transfer for Security) The non-party company transferred the ownership of the goods listed in the separate sheet, the ownership of which was owned by it, to the Plaintiff by means of the possession revision, with the intention of securing the performance of the above obligation

Article 13 (Delivery of Security) When a non-party company fails to perform its obligation or is requested by the plaintiff to deliver an article transferred for security by other reasons, the non-party company shall immediately deliver the article transferred for security to the plaintiff in response thereto without any objection.

B. Of the goods offered as a security for transfer on January 28, 2013 under the instant contract for the transfer of security, the non-party company: (a) the gold-type 12 set out in the attached Table 1 list to the Defendant B (E operation); (b) the gold-type 12 set forth in the attached Table 1 (the general multi-use F F F F F F F F; hereinafter “the gold-type 1”), and (c) the Defendant C (G operation) on the same day.