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(영문) 대구지방법원김천지원 2015.09.24 2014가합2689
유체동산인도
Text

1. The Defendants jointly deliver to the Plaintiff corporeal movables listed in the separate sheet.

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

Reasons

1. The basic fact-finding contract (Evidence 1-1), Article 4 (Scope of Contracts), Article 4 (Scope of Contracts) (the plaintiff) (the plaintiff) shall design and manufacture the instant machinery to Gap (the defendant EPPP) and deliver it to Gap.

Article 5 (Contract Amount and Method of Payment)

1. Contract amount: 350,000,000 won (excluding value-added tax);

2. Payment method: Cash.

3. Payment period - Date of down payment: 60,000,000 won (excluding value-added tax): Payment within two days from the date of conclusion of the contract - Any balance payment of 290,000,000 won (excluding value-added tax): Payment date in installments for six months: detailed schedule for payment date shall be as follows:

(Separate Notice of Value-Added Tax) Article 6 (Date of Payment) The delivery date of the goods under this Agreement shall not exceed March 15, 2014.

§ 19 (Transfer of Ownership) The ownership of this good shall be transferred from B to A at the time of completion of the price for the good.

A. On March 10, 2014, the Plaintiff concluded a sales contract with Defendant EPPP (hereinafter “Defendant EPPP”) on the attached list with respect to corporeal movables (hereinafter “instant machinery”) as follows:

(hereinafter “instant contract”). (b)

ASP Co., Ltd. (hereinafter “ISP”) concluded a lease agreement on part of the factory owned by the Defendant mother’s (hereinafter “Defendant mother’s license”) and the Defendant mother’s (hereinafter “Defendant mother’s license”), and the Plaintiff installed the instant machinery in part of the factory around April 2014.

C. After that, Defendant ASP did not pay KRW 269 million out of the price under the instant contract, the Plaintiff intended to take out the instant machinery, and the Plaintiff refused to take out the instant machinery by asserting the lien based on the rent and management fee claim against the Defendant ASP.

【Ground for Recognition】 In the absence of dispute against the Defendant’s mother, each entry of Gap’s 1, 3 through 7 (including each number; hereinafter the same shall apply) and each entry.

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