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1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.
The defendant shall (i) the plaintiff, and (ii) the first instance court.
Reasons
Basic Facts
The Plaintiff, including the conclusion of a siren contract, etc. (the first trade name was a “stock company,” but the trade name was changed thereafter as at the present time), is a company run by D, the husband of the representative director of the Gwangju Mine-gu, a limited liability company E (hereinafter referred to as “E”), and the representative director of A’s business, as at November 5, 2012, with respect to each of the machinery listed in the separate mechanical list (hereinafter referred to as “each of the instant machinery”) listed in the separate mechanical list (hereinafter referred to as “A”), from November 6, 2012 to November 5, 2015.
A siren contract with the contract deposit of KRW 8,00,000 (hereinafter “instant siren contract”) was concluded, and the co-defendant B (hereinafter “B”) of the first instance trial jointly and severally guaranteed the obligation, such as the sirens of the A under the instant siren contract.
In the instant siren contract, where a siren user (A) delayed the payment of a siren for not less than one month (Article 20(1)), and where a third party uses a siren product without the Plaintiff’s prior written consent, or where a third party installs an article or transfers, provides security, disposes of, leases, or transfers possession to a third party (Article 20(4)), the Plaintiff may terminate the siren contract, and where a siren contract is terminated halfway, A shall immediately return each of the instant machinery to the Plaintiff, and the ownership of each of the instant machinery, which is a siren product, is owned by the Plaintiff.
(Article 2) provides for the content.
On October 31, 2012, prior to the conclusion of the instant siren contract, E drafted a power of delegation with F to repay KRW 650,000,000 to F, a debt owed to F, a stock company (hereinafter “F”), and “financial institution established in the E plant to repay the said debt again on October 23, 2013, after the conclusion of the instant siren contract.”