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(영문) 대구지방법원서부지원 2019.11.19 2019가단50349

유체동산인도

Text

1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

Basic Facts

On October 2017, the Plaintiff entered into a sales contract with the Defendant on October 19, 2017 with respect to part of the unpaid goods, as follows (hereinafter “the first contract”).

The seller of machinery: The seller of the machinery for the purpose of sale of the Plaintiff: Article 2 (Sale Price, etc.) of the movable property listed in the attached list 1 through 5 (Sale Price, etc.) (1) of the sale price is KRW 50 million.

③ The Plaintiff may remove the machinery at any time after the contract date, and the Defendant shall actively cooperate with the removal of the machinery and shall not raise any objection thereto.

Article 3 (Consent to Transfer, etc.) The defendant shall not raise any objection to the plaintiff's transfer, lease, establishment of a pledge right, movement of the machinery to another person.

Article 5 (Special Provisions) Where a seller completes the payment of the buyer's price for the goods, he/she shall purchase the facilities without fail.

The purchase amount of facilities shall be KRW 50 million equivalent to the current sale price.

On the other hand, on December 1, 2017, the Plaintiff entered into a sales contract with the Defendant with respect to part of the unpaid amount of goods as follows (hereinafter “instant secondary contract”).

The seller of machinery sales contract (Secondary) : The seller of the Plaintiff: Article 2 (Sale Price, etc.) of the movable property listed in the attached Tables 6 and 7, as stated in the attached Tables 6 and 7, and Article 2 (Sale Price, etc.) (1) of the sale price is KRW 50 million.

③ The Plaintiff may remove the machinery at any time after the contract date, and the Defendant shall actively cooperate with the removal of the machinery and shall not raise any objection thereto.

Article 3 (Consent to Transfer, etc.) The defendant is dissatisfied with the resale and transfer of the machinery to another person by the plaintiff.