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(영문) 인천지방법원 2013.11.01 2013가단13107
동산인도
Text

1. The defendant shall deliver each machine listed in the separate sheet to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Indication of claim;

A. While the Defendant was engaged in gold criminal withdrawal business in the name of "D" at the location of the Nam-gu Incheon Metropolitan City, the Defendant borrowed KRW 20 million from E on July 25, 201 as of October 25, 201, and entered into a security transfer contract for each machinery listed in the separate sheet owned by the Defendant (hereinafter "the instant machinery"), and transferred it to E by means of possession amendment (No. 398 of 2011).

B. After that, the Defendant delayed the repayment of the above loan, E transferred all of the above loan claims and transfer security rights on the instant machinery to the Plaintiff, which had been practically operated by F Co., Ltd. (Representative Director G Plaintiff’s in-house director G) on March 16, 2012, upon setting the transfer price of KRW 35 million, and the Defendant consented thereto.

However, the Plaintiff and the Defendant changed the loan obligation, which is the secured debt, to October 16, 2012, the repayment period of the loan to KRW 40 million. The Defendant delivered the instant machinery to the Plaintiff by means of possession revision, but the period of possession and use was set up as October 16, 2012.

(See Supreme Court Decision 2013Da43085). (c)

However, the defendant continued to possess and use the machinery of this case with the use time limit without delay in paying the above 40 million won loan to the plaintiff, and the plaintiff seeks delivery of the said machinery to the defendant as a mortgagee.

(See Supreme Court Decision 91Da21770 delivered on November 8, 1991, etc.) 2. Service by public notice (Article 208(3)3 of the Civil Procedure Act)

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