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(영문) 대구지방법원 김천지원 2018.02.07 2016가단34348
기계인도 등 청구의 소
Text

1. The Defendants jointly share KRW 1,500,000 with respect to the Plaintiff and 5% per annum from May 23, 2014 to February 7, 2018.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company with the purpose of wholesale business of electrical materials, etc., and Defendant B is the representative of the Defendant Company.

B. On December 2, 2013, the Plaintiff (formerly, Han Culture Co., Ltd.) determined KRW 65,871,020 to C Co., Ltd. (hereinafter “C”) as interest rate of KRW 7% per annum, interest rate of KRW 20% per annum, and due date of payment on December 23, 2013.

C. At the time, C entered into a transfer security agreement with the Plaintiff on December 4, 2013, with a view to securing the performance of the foregoing loan claim, that transfers the ownership of the goods listed in the separate sheet (hereinafter “instant machinery”) to the Plaintiff by means of an occupation and alteration.

From February 2, 2013 to March 2014, the Defendant Company supplied the goods equivalent to KRW 318,33,796 to C, and received KRW 174,415,44 as the price for the goods, and paid KRW 143,918,352 as the price for the goods.

E. On May 23, 2014, Defendant B entered into a sales security agreement with C as to the instant machinery (hereinafter “instant contract”) in order to ensure the Defendant Company’s obligation for the payment of the said goods, even though he/she was well aware of the absence of the right to dispose of the instant machinery to the Plaintiff by citing the fact of transfer from D (C’s representative director) to the Plaintiff, and received delivery of the instant machinery from C.

F. Defendant B sold the instant machinery with a scrap metal around 2016, and the price was KRW 1.5 million.

[Basis] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, Witness D's testimony, the purport of the whole pleadings

2. Determination

A. 1) According to the above facts of recognition, it is reasonable to view that Defendant Company and Defendant B, the representative of Defendant Company and Defendant Company, committed a tort that infringes on Plaintiff’s security interest. Thus, Defendants are jointly and severally liable to compensate the Plaintiff for damages arising from the said tort. 2) Defendant’s assertion as to the Defendant’s assertion, the Defendant’s allegation, as to the instant contract.

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