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(영문) 서울고등법원 2015.04.10 2014나16274
동산인도
Text

1. To deliver the sn beam beam of the judgment of the first instance, including a claim made by an independent party intervenor in the appellate trial.

Reasons

The main lawsuit and the independent party participation together are examined.

1. Basic facts: (a) around March 2010, the Defendant entered into a contract with Doha Construction Co., Ltd. to re-contract the construction cost of KRW 28.49 billion for construction work on March 23, 2010 to the Dohayang Construction Co., Ltd. (hereinafter “Dohayang Construction”); and (b) to re-contract the construction cost of KRW 28.49 billion for construction work.

In addition, the Royang Construction purchased materials, such as a h-Bam beamline (H-Bam) from the Plaintiff and brought them into the construction site of this case.

[Reasons for Recognition] No. 3, 4, Eul evidence No. 2, Byung evidence No. 12 (if any, including the serial numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Request for the delivery of sn beam beamline;

A. The Plaintiff asserted that, as the cause of the principal lawsuit, the Plaintiff: (a) the sn beamline remaining at the construction site of the instant construction site as security for the claim for the purchase of goods, such as the sn beam beamline for the sn beam construction on November 11, 201; and (b) the Plaintiff acquired the right to transfer security or acquired the ownership of the sn beam beam beamline at the construction site of the instant case (hereinafter “An beam beam beam beamline remaining at the construction site of the instant construction site”; and (c) on April 23, 2013, the Defendant agreed to deliver the Plaintiff on April 23, 2013, the sn beam beam beamline remaining after the exclusion of the sn beam evidence and burial among the transferred goods, and thus, the Defendant had the obligation to deliver the Plaintiff the remaining sn beam beamline to the Plaintiff in accordance with the agreement on April 23, 2013.

However, the intervenor, as the cause of the lawsuit of an independent party intervention, is the Korean bank, with the sn beamline indicated in the separate sheet “subject to transfer” as stated by the intervenor himself/herself brought into the construction site of this case (hereinafter “snick beamline on the transfer of this case”) from the owner of the snyang Construction.

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