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(영문) 대구지방법원 서부지원 2017.04.27 2016가합51027
손해배상(기)
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for payment of KRW 338,91,667 and the period from April 20, 2013 to April 27, 2017.

Reasons

1. Basic facts

A. On December 3, 2012, Defendant C Co., Ltd. (hereinafter “Defendant C”) sold the attached list of the instant machinery (hereinafter “instant machinery”) to Defendant C on KRW 380,00,000 (excluding value-added tax) and delivered it to Defendant C. However, the ownership of the instant machinery was drafted a sales contract stating that it would be reserved to Defendant C until D pays the price in full (hereinafter “first sales contract”).

However, Defendant C and D set up a false sales contract (hereinafter “second sales contract”) with the content that, unlike the first sales contract, the sales price of the instant machine is KRW 400,000,000 in addition to the first sales contract (value added tax) on the date on which the first sales contract was prepared ( December 3, 2012). Unlike the first sales contract, Defendant C and D entered into a false sales contract (hereinafter “second sales contract”).

Defendant C, on December 20, 2012, installed the instant machinery in the distribution room of Gyeongbuk-gun, Inc., Ltd., Ltd., the supply site designated by D, and delivered it to D. However, Defendant C did not receive the purchase price from D at all.

B. Meanwhile, on the other hand, the Plaintiff entered into a contract of transfer for security, with respect to D, with a claim of KRW 387,252,800 for the purchase of goods. However, D, while showing the second sales contract to the Plaintiff, stated that “The Plaintiff paid KRW 200 million out of the amount of 400 million for the machinery, and acquired the ownership of the machinery of this case from Defendant C. The instant machinery will be offered as a security for transfer in order to secure the obligation

As such, between D and January 7, 2013, the Plaintiff entered into a transfer security agreement with respect to the instant machinery purchased by D from Defendant C, with the purport of establishing a transfer security right by means of occupancy revision (hereinafter “instant transfer security agreement”). On January 21, 2013, the Plaintiff acquired the ownership of the instant machinery according to the instant transfer security agreement, and D delivers the instant machinery to the Plaintiff by January 27, 2013.

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