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(영문) 서울중앙지방법원 2018.11.29 2018가단5018927
유체동산인도
Text

1. The Defendants shall deliver to the Plaintiff the goods listed in the separate sheet.

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

3...

Reasons

1. Determination as to the claim against Defendant B

(a) Indication of the claim (as shown in the grounds for the attached Form);

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against Defendant Incorporated Agricultural Company C

A. Basic facts 1) The Plaintiff is a company that has been established and operated mainly for its main business purposes, such as manufacturing industry, air-resistant and damping, damping, mutual-aid apparatus, etc., air-conditioning, hot winding, and mutual-aid apparatus, etc., and Defendant B (hereinafter “Defendant 1”).

(1) The Defendant Incorporated Incorporated Company C (hereinafter “Defendant 2”) was established and operated as its principal business purpose in 2015 for the production and sale of mushroom seeds, mushroom growing rooms, and facilities related to growing plants, and design services and construction services.

(2) On July 7, 2015, the Plaintiff concluded a contract for the sale of goods (hereinafter referred to as “instant sales contract”) with Defendant 1, as indicated in the item column in the separate sheet between Defendant 1 and Defendant 1, the respective goods indicated therein (hereinafter referred to as “instant goods”) are sold to Defendant 1 at KRW 119,570,00,00 for the main business purpose, such as the production and distribution business of agricultural products, the production and distribution business of seeds and seedlings necessary for farming, and the production and distribution business of organic agricultural products, and the production and distribution business of processed organic agricultural products and organic agricultural products necessary for farming.

3) On August 24, 2015, the Plaintiff delivered the instant goods to Defendant 2’s business site as agreed in the instant sales contract, and Defendant 2 possessed and used the instant goods until now. However, Defendant 1 did not pay at all up to 119,570,000 won for the instant goods until 15 days after the completion of the said supply.

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