beta
Text
Defendant D Co., Ltd. shall deliver to the Plaintiff movable property listed in the separate sheet.
Plaintiff B, Inc., and Defendant B.
Reasons
1. Basic facts
A. On April 23, 2018, Defendant C entered into a contract with Defendant D by setting the construction cost of KRW 218,000,00 (excluding value-added tax) and the construction period from April 23, 2018 to July 22, 2018 (hereinafter “instant contract”) with respect to the production, installation and electrical construction (hereinafter “instant construction”) of the instant factory located in Youngcheon-si E (hereinafter “instant factory”).
B. On April 26, 2018, Defendant C entered into a subcontract (hereinafter “instant subcontract”) with Defendant B by setting the construction cost of KRW 157,000,000 (value-added tax separate) and the construction period from April 23, 2018 to July 22, 2018.
C. On June 25, 2018, Defendant B entered into a sales contract with the Plaintiff to pay the sales amount of KRW 110,660,00 with respect to the instant machinery (hereinafter “CNC”) as KRW 110,60,00 for the implementation of the instant subcontract. However, KRW 20,120,000, an intermediate payment of KRW 30,180,000 on the date of the contract, and the intermediate payment of KRW 60,360,00 on July 6, 2018 (hereinafter “instant sales contract”), and paid KRW 20,120,000 to the Plaintiff on the same day.
On June 28, 2018, at the request of Defendant B, the Plaintiff delivered the instant machinery to Defendant C’s factory located in Daegu-gun F for the sole trial operation.
E. Defendant B paid KRW 127,050,00 in total amount of KRW 127,050,000 on May 3, 2018, as the construction cost under the instant subcontract agreement, from Defendant C, and KRW 56,10,00 on June 25, 2018, and KRW 127,050,00 on July 2, 2018, but did not pay an intermediate payment and any balance under the instant contract to the Plaintiff.
F. On July 27, 2018, the Plaintiff was requested by Defendant B and C to move the instant machinery to the instant factory, and the Plaintiff did not comply with such request. From Defendant B and its representative director G, until August 31, 2018.