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(영문) 서울중앙지방법원 2018.01.16 2016가합519718
동산 인도 등 청구의 소
Text

1. The Plaintiff:

A. The Defendants’ respective KRW 42,748,475 per annum from October 29, 2016 to January 16, 2018.

Reasons

1. Basic facts

A. On August 22, 2012, and October 10, 2012, D, the representative of the Defendant Industrial Bank of Korea (hereinafter “C”), provided a factory foundation as joint collateral between D and the Defendant Industrial Bank of Korea (hereinafter “Defendant Bank”) with respect to the building located in the E-factory (hereinafter “instant factory building, including the aforementioned factory building’s movement marks, non-Dongs, Ccho Lakes, and Donghos, and its site, machinery, etc. (hereinafter “instant factory building”). On the same day, D concluded a mortgage agreement with the debtor as the Defendant Bank and the mortgagee as the collateral security, and each of the above factory foundations was completed as to each of the above factory foundations.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) B.

Conclusion of Contract for Secondhand Machinery Sales between the Plaintiff and D

1. Used Machinery: Melel 420HP 1, mechanical 400HP 1, 450HP 1, container beer 7, 3 marc 1, and sorting 2;

2. Sale amount: The above amount of KRW 500,000,000 in daily gold (50,000) agreement that C Company D shall be mutually agreed that the Plaintiff shall pay to C Company D the amount for which C Company D did not pay waste disposal costs since 2011 to the Plaintiff and the remaining amount for Capital Capital shall be accepted by the Plaintiff, and the value-added tax shall be payable by the Plaintiff to C Company D upon issuance of the tax invoice.

The transfer of machinery is at the time of completion of the business in C and is mutually promised to cancel the contract at the time of repayment by C Company D.

The rent of machinery by the time of transfer shall be paid monthly by C Company D.

The repair cost due to the breakdown during the use of machinery shall be responsible for C Company D and the repair cost shall be borne by C Company D.

(hereinafter) (1) D) On December 15, 2015, between the Plaintiff and the Plaintiff on December 15, 2015, D is within the instant factory building, but used machinery listed in the attached list excluded from the joint collateral of each of the instant mortgage rights (hereinafter “instant machinery”).

As for the following, the sales contract (hereinafter referred to as "the sales contract"):

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