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(영문) 대구고등법원 2017.06.02 2016나23121
유체동산인도
Text

1. Revocation of the first instance judgment.

2. Upon the plaintiff's primary claim added at the trial, the defendant shall be the plaintiff.

Reasons

1. Basic facts

A. On November 13, 2001, B acquired the Plaintiff’s transfer security right with respect to the California, purchased machinery, such as Californian and its content, mixing Mixling Mixl, Super Mixer, and Skixer, from Samsoca Ltd. (hereinafter “Maccoca”)

① On January 5, 2004, the Plaintiff lent KRW 200,000,00 to B, acquired the right to transfer by means of possession and alteration of the said machinery including the California (hereinafter “instant California”), and then acquired the right to transfer the said machinery as security; ② on March 4, 2008, on the ground that the right to claim the delivery of corporeal movables based on the transfer security right as security is the right to be preserved, the Plaintiff received the provisional disposition prohibiting the disposal of corporeal movables (Seoul Southern District Court 2008Kahap545) against the said machinery.

B. On January 3, 2013, B entered into an installation contract between B and the Defendant: (a) machinery and equipment between B and the Defendant (hereinafter collectively referred to as “colinite equipment”) such as California, mixing, mixing (2 sprink), mixing (2 spons), mixing (1 strate), inspection short-term (1 strate), scrap mixing (1 strate), etc. between B and the Defendant (hereinafter referred to as “coline equipment”).

) set up (hereinafter referred to as “the establishment of this case”) in 1,670,000 won (excluding value-added tax) is called the establishment of this case.

) The contract under which the establishment of this case is made (hereinafter referred to as the “instant establishment contract”).

Upon conclusion of the instant establishment agreement, the main contents of the instant establishment agreement are as follows. Article 3 Section 1: The payment period: B must deliver California facilities to the Defendant within nine months from the date of the contract ( September 30, 2013), and the Defendant must accept them within that period.

Provided, That in extenuating circumstances, the payment period may be extended through mutual consultation.

2) Delivery acceptance method: B shall be delivered by installing and delivering California facilities at a place designated by the Defendant: The place of acceptance: The method of payment of the down payment of KRW 465,00,000, i.e., Taepo-ro Dopo-ro 2194-6 (hereinafter referred to as “Defendant factory”) in Daegu-gun District: 2) the intermediate payment of KRW 895,00,000 on the date of the contract: the installation of California facilities.

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