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(영문) 서울중앙지방법원 2019.07.26 2019가단5096924
유체동산인도
Text

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

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

3...

Reasons

1. On April 25, 2017, the Plaintiff and the Bankrupt Company B (Bankruptcy Company) concluded a free partnership agreement, a basic contract for goods supply transaction, which is a basic contract for goods supply transaction by importing goods and directly delivering them to the selling place designated by the Plaintiff, when the Plaintiff placed an order to the bankrupt company for goods such as the power-driven system, server, etc.

Accordingly, the Plaintiff and the Bankruptcy Company entered into an individual supply contract and entered into the above method of goods supply transaction at each time of ordering. As to goods for which a goods supply contract was entered into between August 6, 2018 and October 23, 2018, the Plaintiff paid all the price of goods in advance, but no delivery was made, and among them, the goods listed in the separate sheet (instant goods) are kept in the Bankruptcy Company.

The bankruptcy company was declared bankrupt on January 28, 2019 at the Seoul Rehabilitation Court 2018Hau10470, and the defendant was appointed as the bankruptcy trustee.

2. The assertion and judgment

A. The plaintiff asserts that since the plaintiff acquired ownership by taking over the goods of this case by the method of possession revision, the defendant is obligated to deliver this to the plaintiff.

The defendant asserts that as to the goods of this case, since the plaintiff's inspection and the bankruptcy company's delivery to the plaintiff's designated company and the issuance of the tax invoice are not delivered to the plaintiff, the plaintiff merely has the right to claim the delivery of the goods and it

B. Comprehensively taking account of the descriptions described in Gap 2 through 7 (including each number), the insured company shall be liable for delivery of goods, and the plaintiff shall deliver a certificate of acceptance of goods to the bankrupt company after the completion of the acquisition of goods. The bankrupt company shall issue the certificate of acceptance of goods to the bankrupt company (Article 4(1) and (2) as the date of delivery of goods (Article 4(1) and (2))." The plaintiff shall place an order for the amount specified in the order.

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