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(영문) 인천지방법원 부천지원 2017.01.18 2014가합8973
유체동산인도
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. On March 30, 2012, when the Plaintiff and the Defendant paid KRW 4,00,000,000 to the Defendant for business bonds, the Defendant concluded a business agreement with the Plaintiff with the manufacturing equipment to produce and supply Alghan and Cu scrap.

In addition, the plaintiff provided the defendant with raw materials of the above product.

On November 11, 2013, the Plaintiff entered into a security agreement on corporeal movables listed in the attached list owned by the Defendant (hereinafter “instant corporeal movables”) in order to secure the payment of goods for the supply of raw materials with the Defendant.

(2) The Plaintiff supplied the Defendant with raw materials equivalent to KRW 8,981,181,126 from December 31, 2013 to March 21, 2014, and received the remainder of KRW 6,900,000 out of the price of the goods, and did not receive KRW 2,900,081,181,126.

Accordingly, on September 17, 2014, the Plaintiff notified the Defendant of the execution of the instant security interest, and thereby, the Plaintiff acquired the ownership of the instant corporeal movables.

Therefore, the Defendant is obligated to deliver the instant corporeal movables to the Plaintiff, and when it is impossible to deliver them, the Defendant is obligated to pay KRW 2,543,608,318, which is the value of the instant corporeal movables.

B. In full view of the overall purport of the pleadings in the statement in the evidence Nos. 6 through 8 as a whole, the following facts are as follows: (a) rehabilitation procedures commenced against the Defendant on March 14, 2016, which was after the Plaintiff filed the instant lawsuit seeking the delivery of the instant corporeal movables due to the enforcement of the instant security right; (b) the Plaintiff reported the instant security right as a rehabilitation security right on April 4, 2016; and (c) on June 15, 2016, the method of exercising and repaying the instant security right.

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