logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2019.06.13 2018가합403603
유체동산인도
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from January 26, 2017 to December 22, 2017, as well as KRW 88,190,200.

Reasons

Basic Facts

On November 13, 2015, the Plaintiff and Defendant B (hereinafter “Defendant B”) entered into a sales contract with Defendant B to sell the machinery listed in the attached Table 1 D (E; hereinafter “E”) to Defendant B in KRW 165,00,000, and to pay the purchase price in KRW 12,50,000 each month.

From January 2012 to January 25, 2017, the Plaintiff sold the consumed goods necessary for the test and analysis of machinery to Defendant B. Defendant B did not reimburse KRW 88,190,200 out of total purchase price of KRW 488,108,200.

On February 28, 2017, the Plaintiff and Defendant C Co., Ltd. (hereinafter “Defendant C Research Institute”) entered into a contract with the Defendant Research Institute to sell F (G; hereinafter “B”) machinery in attached Table 2 to the Defendant Research Institute for KRW 74,800,000.

From September 2016 to September 14, 2017, the Plaintiff sold the consumed goods necessary for the test and analysis of machinery to Defendant Research Institute. The Defendant Research Institute did not reimburse KRW 36,489,550 out of total purchase price of KRW 109,37,400.

① The Defendant B, a corporation that runs the business of analyzing water quality and water quality, etc., was using the machinery as a delivery of the machinery from the Plaintiff to the time of the conclusion of the above sales contract. On March 29, 2016, the Defendant Research Institute, established on March 29, 201, engaged in the same business as Defendant B’s business at the domicile where the Defendant B’s business was located, and the Defendant B actually suspended all business activities after October 2016.

Therefore, the Defendant Research Institute was transferred the machinery from March 29, 2016, which was the date of its establishment, to the date of the closing of argument in this case, and is in possession and use. ② The machinery is transferred from the Plaintiff on February 28, 2017, which was the date of the conclusion of the trade contract, and is currently in possession and use until the date of closing of argument in this case.

[Ground of recognition] A.

arrow