유체동산인도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.The reduction of claims by this court.
1. Basic facts
A. On February 7, 1995, the Defendant established and operated a stock company E (hereinafter “E”) for the purpose of publishing periodicals, etc., and D entered into E, but was married with the Defendant on June 7, 199, and was appointed to the representative director on March 2001.
B. Around March 2003, the Defendant established and operated the FF Co., Ltd. Around December 2008, the said Company was processed in default on and around December 2008, and compulsory execution procedures, such as auction of E or D’s property, for which joint and several guarantee was granted for the said Company’s loan obligations.
C. Accordingly, on March 5, 2009, D had a divorce with the Defendant and resigned from E’s representative director (round that time, the Defendant was the representative director of E) and established a new corporation to continue the business run by E, and appointed the Plaintiff’s representative director on May 22, 2009. At that time, the Plaintiff’s location was the Republic of Korea G at the same port as the location of the headquarters of E.
On June 8, 2009, the Plaintiff entered into a sales contract with E to purchase the newspaper distribution units, vehicles, office fixtures, etc. for KRW 120,500,000 (hereinafter “instant sales contract”).
The main contents of the above sales contract are as follows:
1.The method of payment shall be 120,050,000 won, subject to the following conditions:
2. Item 1) Items E’s newspaper distribution units and 2) 3 vehicles owned by corporations heating and cooling operators and 3) E-business-use computers (including e-mails) 4) facsimile, telephone, water purifiers, electric straws, cable winds, etc. 5) 6) business-use books, chairs, books, and books for document storage, other than the above items, include all office fixtures used as of June 8, 2009 within the E office.
7 It shall include main room equipment, main room equipment, television, air conditioners, and household tools, etc. for three-story company houses.
E. The Plaintiff is immediately after the conclusion of the instant sales contract.