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(영문) 수원지방법원 2017.12.07 2017가단506178
동산인도 등
Text

1. Defendant (Appointed Party) and Appointed C jointly provide that the Plaintiff shall:

(a) deliver movable property listed in the separate sheet;

Reasons

1. Basic facts

A. On February 25, 2016, the Plaintiff purchased each set of set of KRW 1 set of KRW 75,000 (hereinafter referred to as “Plaintiff-owned machinery”) among the middle and middle string machine (650TN), middle string (YTW-1300B), and middle string equipment (hereinafter referred to as “Plaintiff-owned machinery”).

B. D, on March 31, 2016, leased the F and the first floor (Ga through E; hereinafter referred to as the “instant factory”) from E with the lease deposit amount of KRW 30,000,000, monthly rent of KRW 3,000,000, and the lease term of KRW 5,000, from April 5, 2016 to April 4, 2018.

C. Around that time, the Plaintiff leased the Plaintiff-owned machinery from April 20, 2016 to April 20, 2018, from April 20, 2018, as the monthly rent of KRW 1,000,000, and the factory of the place of delivery D (SIG).

On April 20, 2016, 2012, 200, 200, 2000, 2000, 2000, 2006.

E. Meanwhile, D, on April 3, 2016, set the monthly rent of 1,50,000, monthly rent of 1,500,000, and the sublease period from April 3, 2016 to April 3, 2018, to the Defendant who represented the Selection C.

F. Defendant and Appointed C currently possess the machines listed in the separate sheet (hereinafter “instant machines”) in the present factory of this case.

On December 31, 2016, the Plaintiff intended to collect the instant machinery located in the instant factory on the grounds that the agreement was concluded with D on December 31, 2016, but the Defendant and the Selection C refused to do so.

[Ground of recognition] Facts without dispute, entry and video of Gap evidence Nos. 1 through 5 and 8 (if there are virtual numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. In light of the following circumstances, the above facts of recognition, the statements and images of evidence Nos. 6 to 11, and witness D’s testimony, the entire purport of the pleading is comprehensively taken into account.

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