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(영문) 창원지방법원 진주지원 2018.07.19 2018가단585
동산인도
Text

1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.

If it is impossible to execute the delivery of the above movable property.

Reasons

1. In addition to the description of the grounds for the claim;

2. Article 208 (3) 3 of the Civil Procedure Act of the applicable Act;

3. If the delivery of the movable in the separate sheet (hereinafter “the movable in this case”) becomes impossible, the Plaintiff sought compensation, instead of the delivery of the movable in this case, for the transfer of the movable in this case, the amount of KRW 60 million equivalent to the value of the movable in this case and KRW 12 million for delay damages (20% for delay damages). However, there is no evidence suggesting that the Plaintiff and the Defendant agreed to pay 20% of the purchase price as damages for delay due to the impossibility of delivery and execution, and there is no evidence suggesting that the damages for delay due to the impossibility of delivery and execution would incur KRW 12 million for delay damages, and thus, the claim in this part is without merit.

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