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(영문) 서울중앙지방법원 2016.02.05 2014가합576847
물품인도
Text

1. The defendant shall deliver to the plaintiff each item listed in the separate sheet Nos. 1 to 4.

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

Reasons

1. Basic facts

A. On September 1, 2009, the Defendant entered into a strategic supply contract on the manufacture and supply of motor vehicle parts with the Korea Lymana Co., Ltd., and manufactured and supplied motor vehicle parts to the Korea Lymanay Co., Ltd.

According to the above supply contract, Korea Lywn Co., Ltd. provided the defendant with the items listed in the separate sheet No. 1 (hereinafter referred to as "attacheds No. 1", "attacheds No. 2", and attacheds No. 1 through No. 4, and provided the defendant with the items listed in the separate sheet No. 1 and No. 4.

B. On December 17, 2010, the Plaintiff entered into an asset sales contract with the purport that all rights and interests under the above supply contract are transferred from the Korea Lystnst Co., Ltd., and the Plaintiff and the Defendant entered into the first attached contract on November 26, 2012.

C. On May 1, 2013, the Plaintiff agreed to purchase attached Form 3 goods from the Defendant in KRW 890,000,000, and the raw materials in KRW 1.1 billion. However, if the Defendant reimburses the corresponding amount, the Plaintiff agreed to return ownership to the Defendant in proportion thereto.

(hereinafter “instant primary contract”). Thereafter, the Defendant repaid part of the amount related to the raw materials to the Plaintiff and became the remainder KRW 960 million. D.

On the other hand, the defendant lent the attached Form 2 (gold) that he lent to the plaintiff by the plaintiff to the plaintiff, and used it for the manufacture of parts. In this regard, the defendant, around 2013, stored and used the gold paper leased to the plaintiff by the defendant to the plaintiff. The defendant is well aware that the gold paper ownership belongs to the plaintiff, and the defendant is well aware that the gold paper ownership belongs to the plaintiff, and it complies with the terms of the gold paper supply contract concluded between the plaintiff and the plaintiff in using gold paper."

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