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(영문) 부산고등법원(창원) 2019.05.23 2018나12714
토지인도
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall have the machinery listed in the attached Table 1 to the plaintiff.

Reasons

1. Basic facts

A. On January 8, 2015, the Defendant entered into a sales contract with C to purchase the machinery listed in the separate sheet No. 1 (hereinafter “instant machinery”) from C (hereinafter “instant contract”), and accordingly, paid KRW 8,00,000,000, out of KRW 12,000 on the date of the contract, KRW 4,000,000 on the date of the contract, and KRW 158,00,000 on the date of March 26, 2015; and paid KRW 158,00,00,000 on June 30, 2015 (hereinafter “instant contract”).

B. The Defendant failed to pay the remainder of KRW 158,00,000 until June 30, 2015, which is the remainder payment date stipulated in the instant contract, and the Defendant and C concluded a contract under which the payment date of the instant machinery was changed to KRW 200,000 from KRW 170,000,000, and the remainder of KRW 188,000,000 (=200,0000 - the remainder of KRW 12,00,000) was changed to December 30, 2015 (hereinafter “instant contract”).

C. On December 28, 2015, the remainder payment date stipulated in the instant amendment contract, the Defendant and C concluded a contract under which the Defendant again increased the price of the instant machinery from KRW 250,000,000 to KRW 238,000,000 on December 28, 2015, which was before the remainder payment date stipulated in the instant amendment contract (hereinafter “instant amendment contract”) and the payment date of the remainder to KRW 238,00,000 (i.e., the price - KRW 250,000,000 - the term payment amount to KRW 12,000,000) was changed to March 30, 2016 (hereinafter “No. 2 amendment contract”), and the Defendant, on December 29, 2015, concluded a notarized loan agreement with a notary public as “money consumption loan contract” with the said KRW 30,013,2714,201.

The instant machinery is the instant contract.

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