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(영문) 인천지방법원부천지원 2014.11.28 2014가단37493

동산인도

Text

1. The defendant shall deliver each machine listed in the annexed machine list to the plaintiff.

2. The costs of lawsuit shall be borne by the defendant.

Reasons

1. Determination on the cause of the claim

A. 1) On January 10, 2010, the Defendant purchased 2.2 billion won for Kimpo-si E, F, G, and H land from C and D (hereinafter “instant sales contract”).

(2) The Defendant: (a) transferred the instant machinery to the Plaintiff at the request of C in lieu of the payment of the purchase price obligation to C; and (b) the Plaintiff agreed on December 2, 2013 to transfer the instant machinery to secure a loan claim of KRW 130 million against C; (c) the Plaintiff and the Defendant transferred the instant machinery to the Plaintiff in lieu of the Defendant’s repayment of KRW 130 million out of the purchase price obligation to C, and at the same time, leased the instant machinery from the Plaintiff in excess of the monthly rent of KRW 30 million; and (d) if the Defendant fails to pay rent more than twice, the said lease agreement was automatically terminated, and immediately delivered the instant machinery to the Plaintiff.

(hereinafter referred to as “instant agreement”) among the contracts entered into at the time of the instant agreement, the Plaintiff and the Defendant appeared to be a clerical error.

3) Since then, the Defendant did not pay the monthly rent for the instant machines more than twice. [Grounds for recognition] There is no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including the number of branch numbers; hereinafter the same shall apply)

each entry, the purport of the whole pleading

B. According to the above facts of recognition, the lease contract under the agreement of this case was terminated, barring special circumstances, the defendant is obligated to deliver the machinery of this case to the plaintiff pursuant to the agreement of this case.

2. Judgment on the defendant's defense

A. The defendant's assertion that the defendant did not have a duty to deliver the machinery of this case to the plaintiff for the following reasons.

1 The defendant shall pay C the amount of KRW 1.55 billion in cash as the price for the sales contract of this case, and shall be paid KRW 1.5 million.