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(영문) 창원지방법원 2019.09.20 2019가단4253
동산인도 등
Text

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

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs the steel board sales business, the co-morry cutting and processing business, etc., and the Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that carries on the gold-type manufacturing business, production and assembly business, promotion and gold-making business, etc. The Defendant C is a representative of the Defendant Co., Ltd., and a person who operates an individual business with the trade name “B” at the same place as the location of the Defendant Co., Ltd.

B. On February 26, 2018, the machinery of this case, where the Defendant Company failed to pay the purchase price of KRW 106,369,649, and Defendant C’s KRW 74,215,845 to the Plaintiff, the machinery of this case is the corporeal movables below the attached list of the Defendant Company to Defendant C on February 26, 2018.

(C) The Plaintiff and the Defendants subrogated for KRW 75,354,782 on February 26, 2018. The Plaintiff purchased the instant machinery from the Defendant Company in KRW 255,940,276, and applied KRW 75,354,782 to the down payment and intermediate payment, and agreed to offset the remainder by the Plaintiff’s claim for the payment of the goods held by the Defendants. Meanwhile, on February 26, 2018, the Plaintiff confirmed that the Plaintiff had the ownership of the instant machinery by means of an alteration of possession. On the other hand, the Plaintiff agreed to lease the instant machinery in KRW 600,000 from February 26, 2018 to February 25, 2019, the Plaintiff refused the Plaintiff’s submission of the instant machinery rent from February 26, 2018 to February 25, 2019, including the Plaintiff’s possession and use of the machinery from February 26, 2018 to February 26, 2019.

2. According to the above-mentioned facts of recognition, it is against the instant machinery.

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