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(영문) 광주고등법원 2019.09.06 2018나20988
동산인도
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall attach from the plaintiff 63,00,490 won and from July 1, 2019.

Reasons

1. The grounds for this part of the reasoning by the court are stated in the reasoning of the judgment of the court of first instance.

(main sentence of Article 420 of the Civil Procedure Act). 2. Determination

A. According to the facts of the judgment on the cause of the claim, the plaintiff is a legitimate mortgagee on each of the instant machinery, and the defendant is obligated to deliver each of the instant machinery to the plaintiff, except in extenuating circumstances.

B. On December 17, 2014, the Defendant entered into a contract on the maintenance, management and repair of each of the instant machinery, the contract term of which was from December 17, 2014 to December 31, 2015. Even after the contract term is terminated, the Defendant occupied the said machinery and maintained and kept it. The Defendant’s claim on the storage expenses incurred in relation to G arising from the claim on each of the instant machinery and the due date for payment was due, and the Defendant has the right to keep the said machinery until payment on the said claim was made from G under Article 320(1) of the Civil Act. In full view of the fact that (1) the Defendant’s establishment of the storage expenses claim is established and the intention to assign other persons to the management of the work, i.e., the intention to vest in the management of the work, and as a result, the result of the Defendant’s inspection of facts and the intention to use the said machinery, i.e., the Defendant’s inspection of facts and the purport of the judgment, 2017.

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