1. The defendant shall deliver to the plaintiff the goods listed in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

1. Basic facts

A. A. Around 2015, the Plaintiff requested C to produce the materials listed in the [Attachment List, a new product developed by the Plaintiff (hereinafter “instant gold model”).

B. The Plaintiff requested D (hereinafter referred to as “foreign company”) to deliver the instant gold bullion using the gold type in the internship method, and delivered the instant gold type to E, a partner company of the non-party company, at the request of the non-party company.

Accordingly, the non-party company ordered to E the instant gold bullion using the gold bullion owned by the Plaintiff.

C. On December 2018, the Plaintiff was unable to maintain the transaction with the non-party company any longer due to the non-party company’s default, and the Plaintiff requested the return of the instant gold punishment to E, while the Defendant kept the instant gold punishment in custody, it is difficult for the Plaintiff to return it until it pays the transaction amount with the non-party company, and the Plaintiff refused the Plaintiff’s request for return.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-16, the purport of the whole pleadings.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the gold punishment of this case is owned by the plaintiff. Thus, the defendant is obligated to deliver the gold punishment of this case in his possession to the plaintiff, barring any special circumstance.

B. The defendant's judgment as to the defendant's commercial lien defense was prepared with the knowledge that the gold-type of this case was owned by the non-party company and prepared a custody certificate without permission of the non-party company, and the gold-type of this case cannot be delivered to the non-party company without permission, and the defendant has a claim against the non-party company for a transaction payment, and thus, he/she has commercial lien

The commercial lien, unlike civil lien, does not require that the secured claim has "in relation to the subject matter", but the subject matter of the lien is limited to "the ownership of the debtor" (Article 58 of the Commercial Act), so, the subject matter of the lien is limited (Article 58 of the Commercial Act).