logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.09.20 2019가단108926
유체동산인도
Text

1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.

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

3.

Reasons

1. Facts of recognition;

A. On April 17, 2015, the Plaintiff: (a) obtained two corporate operating capital loans from C Bank on two occasions; (b) issued a guarantee certificate as follows; and (c) borne the guaranteed obligation.

On May 4, 2015, the Plaintiff requested C Bank and B to enter into a security agreement for transfer of movables listed in the separate sheet between C Bank and B (hereinafter “instant machinery”), and entered into a security agreement for transfer of the instant machinery between C Bank and B.

D E

B. B caused a guarantee accident due to a pension delay on December 5, 2018. On April 17, 2019, the Plaintiff subrogated for a sum of KRW 167,140,99 to C Bank as listed below, and entered into a transfer security agreement on the instant machinery between C and C on the same day.

D E

C. The Defendant, from May 2016, occupied the instant machinery from B and used it.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 6 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. According to the facts of the above recognition, B does not have the right to transfer the instant machinery to the Defendant by concluding a transfer security contract, and the Defendant is obligated to deliver the instant machinery to the Plaintiff.

On May 4, 2015, the Defendant asserted that the transfer security agreement between the Plaintiff and C Bank was null and void since B did not acquire ownership of the instant machinery at the time of entering into the transfer security agreement with C Bank on the instant machinery, and therefore, the said transfer security agreement is also null and void on April 17, 2019. However, in full view of the descriptions or images of evidence Nos. 7, A, 11, and 12, the instant machinery was purchased from F at the time of entering into the transfer security agreement, and acquired ownership by acquiring it on May 4, 2015, when B entered into the transfer security agreement, and the evidence submitted by the Defendant alone is insufficient to reverse it. Therefore, this part of the Defendant’s assertion is without merit.

In addition, the defendant on May 10, 2016 from B.

arrow