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(영문) 전주지방법원군산지원 2019.11.21 2019가단51732
유체동산인도
Text

1. The Defendants jointly deliver to the Plaintiff the high iron compressionr stated in the attached corporeal movables.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On June 3, 2016, the Defendant limited liability company C (hereinafter “Defendant company”) provided one of the high-speed pressors listed in the attached corporeal movables (hereinafter “instant compressor”) as security upon obtaining a loan from Nonparty D, and the Nonparty issued a credit guarantee certificate that guarantees the Defendant company’s obligations for the above loans.

B. When the Defendant Company was unable to repay the above loans, the Credit Guarantee Fund subrogated for the said loans, and the Credit Guarantee Fund purchased the instant compressed machine from D on November 1, 2018.

C. On December 3, 2018, the Plaintiff entered into a sales contract with the Korea Credit Guarantee Fund, and subsequently transferred the right to claim a return from the Korea Credit Guarantee Fund on February 27, 2019, and notified Defendant B, the representative director of the Defendant Company, directly and verbally.

The Defendants currently keep the compressors of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 8 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Plaintiff entered into a sales contract with the Korea Credit Guarantee Fund for the instant compressed machine, and acquired ownership of the said compressed machine by obtaining possession by receiving the right to claim the return of the object from the Korea Credit Guarantee Fund. Barring special circumstances, the Defendants are jointly obligated to deliver the instant compressed machine to the Plaintiff.

B. The Defendants’ assertion and judgment are that, although the Plaintiff’s husband, E and the Defendants decided to purchase and operate a partnership business with the Korea Credit Guarantee Fund, they did not make any additional investment differently from the original promise, the said compressed machine cannot be delivered before the settlement of the trade amount is made, and E shall request the sale of the said compressed machine through the agent F.

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