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(영문) 서울중앙지방법원 2015.04.22 2014가합2230

동산인도

Text

1. The defendant is an independent party intervenor, a new capital corporation, a DNA capital corporation, and a non-forest Capital.

Reasons

1. Facts of recognition;

A. A and Red Technology Industry Co., Ltd. 1) On February 8, 2012, Company A and Red Technology Industry Co., Ltd. (hereinafter “red red technology industry”).

The supply period is from February 13, 2012 to July 30, 2012; the supply period is from February 13, 2012 to July 30, 2012; and the supply price is determined as KRW 3.73868,00,00,00 including the transport cost (hereinafter “instant supply contract”).

(2) At the time of the instant supply contract, A and the Red Technology Industry agreed that “A company shall re-purchase (buy-mortgagek) the said goods from the Red Technology Industry under the conditions determined by the Red Technology Industry within the designated date (Article 6 of the Materials Delivery Contract) after completing the use of the said goods (4,000 tons of wire files)” (Article 6 of the Materials Delivery Contract), and the Red Technology Industry shall request A company to re-purchase the wire files as indicated in paragraph (1) around 2013.

2) As a result, from April 22, 2013 to June 12, 2013, a set file 817.468 tons (i.e., a set file delivered 823.461 tons - a returned set file 5.593 tons), shall be the Pyeongtaek-si factory of A company located in Pyeongtaek-si, etc. (hereinafter “instant Pyeongtaek-si factory”).

(C) In the construction site of the instant construction site where the Defendant was performing the construction project (hereinafter “instant construction site”).

(C) The Plaintiff and A company’s lease agreement and the Plaintiff’s Red Technology Industry sales contract 1) concluded with the Plaintiff on July 12, 2013, the Plaintiff entered into the instant construction site with A and the Plaintiff on July 12, 2013.