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(영문) 수원지방법원 2015.03.24 2014가합10512
기계인도
Text

1. The Defendants shall deliver each machine listed in the separate sheet to the Plaintiff.

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

Reasons

1. Facts of recognition;

A. On September 24, 2012, the Plaintiff, the representative of D, sold each of the machinery listed in the separate sheet (hereinafter “each of the instant machinery”) owned by the Plaintiff to Defendant B, the representative of E, in KRW 220,00,000, and the purchase price is paid in installments from June 20, 2013 to April 20, 2014. However, each of the instant machinery was agreed to belong to the Plaintiff if Defendant B did not complete payment within the said period, and thereafter, delivered each of the instant machinery to Defendant B.

B. Defendant C Co., Ltd. established Defendant C Co., Ltd. on October 31, 2013 and took office as its representative director, while Defendant C Co., Ltd comprehensively acquired the assets, business, etc. of E.

C. The Plaintiff did not receive the purchase price from the Defendants within the period of the above agreement, and Defendant B prepared and issued each letter stating that the Plaintiff would pay the purchase price to the Plaintiff by February 10, 2014, around December 16, 2013, and that the purchase price will be paid in full by March 6, 2014.

The Plaintiff received KRW 20,00,000 from the Defendants as the purchase price for each of the instant machinery and received KRW 50,000,000 from the Defendants around the end of 2013 and around the end of 2014, and did not receive the remainder of the purchase price within the agreed period. As such, the Plaintiff declared that the contract would be rescinded by serving a duplicate of the complaint of this case. The duplicate of the complaint of this case was served on the Defendants around September 5, 2014.

E. The Defendants currently possess each of the instant machinery.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant C Co., Ltd. may be deemed to have been transferred the status of purchaser under the above sales contract on October 31, 2013 or to have acquired at least the obligation for the purchase price, and the above sales contract is stipulated in the ownership reservation agreement, and the purchase price is not fully paid.

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