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(영문) 대구지방법원 2014.05.22 2013가합6449

소유권확인

Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant C’s corporeal movables indicated in the separate sheet are the Plaintiff.

Reasons

(b)A (hereinafter referred to as “B”) shall enter into a production and supply agreement with each other with respect to “E (TOPCOAING)” as follows:

The title E 1600 x 1800h (hereinafter referred to as “E equipment”) production period of 20 years to December 15, 2012, KRW 400,000,000,000,000 per contract amount from the 20th day to December 15, 2012 - The payment of additional tax in cash (the contract amount: this payment, intermediate payment: the balance: the contract period and the method of payment) under Articles 1 through 2 (Omission) (Omission of Articles 3 (Contract Period and Method of Payment).

1. The term of the contract commences from the date of the contract to December 15, 2012.

2. Down Payment: A shall pay KRW 200,000,000,000,000,000,000 separate from the value-added tax on the date of conclusion of the contract.

3. Part-time payment: “A” shall pay the full value-added tax separate from the total value-added tax on the date of conclusion of the contract, including the total value-added tax:

4. The balance shall be within seven (7) days after the completion of the trial operation (tallying), the balance shall be paid for the balance, which is one per cent of the total amount included, separate from the value-added tax.

* Any balance shall be paid every month from the end of January 2013, in addition to ten million won.

Articles 4 through 6 (Omission of Installation and Delivery of Equipment)

6.The ownership of the equipment shall be owned by “A” after the balance of the cost of the equipment is fully paid.

(hereinafter 4) On December 20, 2012, the Plaintiff completed the delivery of the instant corporeal movables produced under the supply contract of this case, which was installed in the distilled room of Geumsung C&C Co., Ltd. (F) at the place of delivery.

⑤ In order to secure a loan claim amounting to KRW 387,252,800 against Defendant B (the Defendant C’s assertion as the price for the goods), Defendant C entered into a contract to establish a transfer security right by occupying and amending the instant corporeal movables (hereinafter “instant transfer security right”) with Defendant B. Accordingly, on January 15, 2013, Defendant C entered into a notary public’s agreement on the instant transfer security right (hereinafter “instant transfer security right”). However, on January 15, 2013, 2013, the notary public was a law firm in Korea as well as 2013.