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(영문) 대구지방법원서부지원 2016.10.20 2014가단37723

동산인도등

Text

1. Defendant Telecommunications Co., Ltd. receives KRW 57,00,000 from the Plaintiff and at the same time, Defendant B.

Reasons

1. Basic facts

A. On May 11, 2011, the Plaintiff, as the owner of the machines listed in the separate sheet (hereinafter “instant machines”), entered into a contract for clinical and mechanical sales (hereinafter “instant contract”) with the Defendant Cream Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and its main contents are as follows.

1) The buyer shall take over all of the instant machinery manufactured by the seller and enter into a contract for the processing of the machinery upon acceptance. 2) The price of the machinery shall be KRW 120,000,000.

3) The seller is deemed to have transferred the ownership of the instant machinery to the buyer from the date on which the balance of the machinery has been fully paid. 4) The seller may terminate or rescind this contract and individual contracts without peremptory notice in cases where the buyer has violated the contract or the agreement for each transaction based thereon, or has received provisional attachment, provisional disposition, attachment, etc. from a third party.

B. Under the instant contract, the Defendant Company was from May 17, 201 to the same year.

6. By 20, the Plaintiff paid 57,000,000 won in total to the Plaintiff, and the Plaintiff delivered the instant machinery to the Defendant Company.

C. On December 24, 2013, at the Daegu District Court Branch Branch 2013Kadan3929, the company filed an application for provisional seizure of corporeal movables against the Defendant Company for provisional seizure of corporeal movables, and received a decision of provisional seizure of corporeal movables, including the instant machinery, etc. from the said court.

On January 7, 2014, the Plaintiff sent a certificate of content that the contract of this case was cancelled on the ground of the above provisional seizure, and around that time, the above content certification reached the Defendant Company.

E. Meanwhile, around February 14, 2014, the Defendant Company delivered the instant machinery to Defendant B in accordance with the agreement with Dong-Tech Co., Ltd. and Defendant B, and currently occupied the instant machinery.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 6 and 7 (including each number).