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(영문) 창원지방법원 2015.11.24 2015가단71019
유체동산인도
Text

1. Defendant A shall deliver the machines listed in the separate sheet to the Plaintiff.

2. The Plaintiff’s forest management corporation

Reasons

1. The following facts may be found either in dispute between the parties, or in full view of the purport of the whole pleadings in each of the statements in evidence Nos. 1, 3-1, 4-1, 1, 4-1, 5, 5, 6, 8-1, 2, and 7-1, 2, and 7-1.

On February 27, 2014, the Plaintiff sold the instant machinery to Defendant A at KRW 111,210,00 (including value added tax) and agreed that KRW 10,110,000 between Defendant A and the intermediate payment of KRW 15,165,00 shall be paid until February 28, 2014, and the intermediate payment of KRW 15,165,000 shall be paid until March 10, 2014, and the remainder of KRW 85,935,00 shall be paid in six months. The Plaintiff’s ownership of the instant machinery was reserved to the Plaintiff until the payment is completed, and the contract was terminated and immediately returned the instant machinery from Defendant A (hereinafter “the first sales contract of this case”). In accordance with the first sales contract of this case, the Plaintiff delivered the instant machinery to Defendant A on March 25, 2014.

B. On September 30, 2014, Defendant A sold the instant machinery to B without completing the payment of the instant machinery amounting to KRW 70,000,000 (excluding value added tax) and delivered the instant machinery to B around October 3, 2014 (hereinafter “instant sales contract”); and Defendant B sold the instant machinery to the Defendant Company at KRW 84,00,000 (excluding value added tax), and around November 13, 2014, Defendant A delivered the instant machinery to the Defendant Company.

(hereinafter the sales contract between B and the Defendant Company is the third sales contract of this case).

On the other hand, B paid KRW 77,00,000 (including value added tax) to Defendant A on September 30, 2014 according to the instant sales contract with Defendant A. Pursuant to the 3 sales contract with Defendant B, Defendant Company paid KRW 75,60,000 (including value added tax) out of KRW 92,400,000 (including value added tax) of the instant machinery in accordance with the 3 sales contract with Defendant B.

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