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(영문) 울산지방법원 2013.12.27 2013가단14698
동산인도
Text

1. The defendant shall deliver to the plaintiff each of the items listed in the separate sheet Nos. 1 through 15.

2. The plaintiff's remainder.

Reasons

1. Facts of recognition;

A. A. Around December 2009, the Plaintiff completed a soup construction project that was contracted by the Defendant for a soup project in Ulsan-gun, Ulsan-gun, but was not paid KRW 350 million for the construction cost to be paid at the end of March 2011. Accordingly, on June 30, 201, the Plaintiff issued a payment order issued by this Court No. 201j3314, which became final and conclusive on July 19, 201.

B. On March 6, 2012, the Plaintiff filed an application for compulsory execution against the objects indicated in the [Attachment Nos. 1 through 15] Nos. 1 through 15, e.g., corporeal movables within a soup set period operated by the Defendant (hereinafter “instant objects subject to execution”) with the title of the said payment order, with the title of title, and acquired ownership by purchasing them in the said compulsory execution procedure at KRW 34 million.

C. Upon the Defendant’s request for soup business, the Plaintiff allowed the use of each of the above goods on the condition that the Defendant pays the said construction price until March 16, 2012, but the Defendant failed to pay the said construction price by the agreed deadline.

Accordingly, the Plaintiff and the Defendant agreed that the Plaintiff manage each of the above goods with a manager on the soup bank, and that if the Defendant fails to pay the above construction cost obligations by March 31, 2012, the Plaintiff may arbitrarily remove the goods listed in the [Attachment No. 16] of the [Attachment No. 16] (hereinafter “the first agreement”).

As the Defendant failed to repay the above obligation for the construction cost by the due date stipulated in the first agreement, the Plaintiff and the Defendant entered into a second agreement on May 1, 2012 with the following content:

(1) The Defendant pays the remainder of KRW 15 million out of the additional construction cost until June 30, 2012, and pays the remainder of KRW 15 million until May 10, 2012.

D. The Defendant did not pay the construction cost by March 31, 2012, and the Defendant transferred the ownership of the instant leisure machine to the Plaintiff, and the Defendant voluntarily removed it.

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