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(영문) 광주지방법원 2017.07.20 2016가합53345
유체동산 인도 등 청구의 소
Text

1. The defendant Dongyang Metal Co., Ltd. shall be listed in Appendix 2 List 8 in Annex F (the head office location: Gwangju Mine-gu G).

Reasons

1. Basic facts

A. The Plaintiff’s establishment of the right to collateral security and the right to collateral security (1) concluded each contract to collateral security with the obligor F and the Plaintiff on March 12, 2013; (2) on March 27, 2013; (3) the Plaintiff concluded each contract to collateral security with respect to the establishment of the right to collateral security and the right to collateral security (hereinafter “F”); and (456,000,000,600, 60,0000, and each machinery listed in the list of the attached Table 1, owned by the Plaintiff, as the registration office of Gwangju District Court No. 45702, Mar. 12, 2013; and (45702, Mar. 27, 2013; and (3) the registration of the establishment of the right to collateral security under Article 2013-147 of the Factory Mortgage Act, as the registration office of Gwangju District Court No. 2013-370, Mar. 17, 2013.

(2) On June 18, 2015, the Plaintiff concluded a contract to establish a collateral security with respect to each machine listed in the separate sheet No. 2 attached hereto (hereinafter referred to as “each machine of this case”) owned by the Plaintiff, including each machine listed in the separate sheet No. 1 attached thereto, with respect to each machine listed in the separate sheet No. 2 owned by the Plaintiff (hereinafter referred to as “I”), and entered into such contract with the obligor I and the Plaintiff as the Plaintiff, and completed the registration of collateral security in accordance with the Act on Security over Movable Property Claims, Etc. (hereinafter referred to as “movable Claim Security Act”).

(hereinafter “instant collateral security interest”). B.

F’s disposal of collateral (F) on November 17, 2014, sold each machine listed in the [Attachment 1] No. 1 and No. 4 to Defendant Dongyang Metal Co., Ltd. (hereinafter “Defendant Dongyang Metal”) in total of KRW 450,00,000, and transferred possession of each machine.

② With respect to the obligations of KRW 263,276,519, which are owed to Defendant New Venture Holdings Co., Ltd. (hereinafter “Defendant New Venture Holdings”), on October 21, 2015, F shall be classified into the respective machines listed in attached Tables 2, 5, and 6.

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