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(영문) 대구고등법원 2020.11.11 2019나25593

기계반환청구등

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1. The judgment of the court of first instance is modified as follows.

The defendant shall provide the plaintiff with each machine listed in the annexed machine list.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established for the purpose of manufacturing and selling electronic equipment, the gold-type manufacturing business, etc. (the trade name of August 8, 2014 is changed from “C Co., Ltd.” to “A”) and D is a person engaged in the manufacturing and selling of gold-type products with the trade name of “E.” (2) The Plaintiff was established on January 1, 2014 as a company for the purpose of manufacturing and selling gold-type products by investing equipment and technology. D is a company for the purpose of investing funds, and D is a company for the purpose of manufacturing and selling gold-type products by investing in equipment and technology. The Defendant’s share is 51%, and D is holding 49%, and the Defendant’s representative director is a joint venture (the evidence of subparagraph 3; hereinafter “instant joint venture agreement”). Accordingly, the Defendant was established on January 28, 2014.

B. On May 1, 2017, the Plaintiff’s mechanical lease and the Defendant’s overdue rent 1) The machinery indicated in paragraph (1) of the [Attachment List of Machinery (hereinafter “instant leased machinery”) to the Defendant.

(1) From May 1, 2017 to April 30, 2018, the lease term is set at KRW 1,800,000 on the following terms: (i) from May 1, 2017 to April 30, 2018 (Provided, That if one of the parties does not express in writing his/her opposition to the extension of the lease term by 30 days before the expiration of the contract, it shall be extended by one year under the same conditions as the previous one); and

(2) The Defendant did not pay rent to the Plaintiff on April and May 2018.

C. The Plaintiff’s sale of machinery and the Plaintiff’s non-compliance with the Defendant’s obligation to pay the purchase price (hereinafter “the instant sales”). The instant sales machinery is sold at KRW 589,160,00 for the Defendant, and KRW 283,250,00 for the machines listed in paragraph (3) of the attached Table No. 3, and KRW 566,432,631 for the machines listed in paragraph (4) of the same list on November 16, 2016 (hereinafter “the instant sales”). The instant sales machinery is sold at KRW 566,432,631 for each of the machinery listed in paragraphs 2 through 4 of the attached Table.