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(영문) 부산지방법원 2016.08.23 2014가단253466
동산인도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is indicated in the attached Table from June 1, 2016 and from June 1, 2016.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff, as indicated in the separate sheet with D, intended to run a business using the machines listed in the separate sheet (a total weight of approximately 236 tons, hereinafter “instant machines”), invested the instant machines owned by the Plaintiff.

B. Around May 25, 2012, the Defendants agreed that the repair of the instant machinery was entrusted by D and that the repair was delayed, and the Defendants decided to keep the instant machinery in the Defendant’s factory located in Kim Sea E until the repair of the instant machinery was completed.

C. On May 31, 2012, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a storage contract (hereinafter “instant storage contract”) with respect to D and the instant machinery, setting the deposit amount of KRW 5 million, monthly storage cost of KRW 5 million (excluding value-added tax), and the storage period from June 1, 2012 to November 30, 2012 (hereinafter “instant storage contract”).

Defendant C, the representative director of the Defendant Company, agreed to hold jointly and severally liable for the obligation of the Plaintiff under the above custody contract.

D paid a total of KRW 3.5 million to seven times from June 2012 to December 2012 as a storage cost.

E. On April 2013, the Plaintiff and D agreed to liquidate the instant machine as owned by the Plaintiff upon the termination of the partnership relationship.

F. On May 2013, the Defendants leased the building located in the F in the Kimhae-si in KRW 1.8 million per month and moved the operation factory from Kimhae-si to the Kimhae-si F, and transferred part of the instant machinery along with it. The rest of the machinery was stored in the outdoor parking lot located in the 500,000 won per month and paid KRW 50,000 per month to G.

G. Although D did not commence the repair of the instant machinery and did not recover the instant machinery, the Defendants, on October 10, 2013, purported that D would dispose of the instant machinery at will, as compensation for damages incurred by the storage of the instant machinery and recovery of the machinery were delayed, on October 10, 2013.

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