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(영문) 수원지방법원성남지원 2019.01.08 2018가단221279
유체동산인도
Text

1. The defendant received KRW 72,000,000 from the plaintiff, and at the same time, corporeal movables as stated in the attached Table to the plaintiff.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the overall purport of the pleadings in each entry in Gap evidence Nos. 1 to 7, and Eul evidence No. 1.

C (A) A Co., Ltd. (hereinafter “Nonindicted Company”) was changed to D on March 27, 2015, and was loaned KRW 79,000,000 from the Plaintiff on May 9, 2013, and KRW 79,000,000 on July 17, 2013, respectively.

(B) each of the above loans is hereinafter referred to as “instant loans”).

On July 17, 2013, Nonparty Company offered to the Plaintiff, as security for the instant loan, corporeal movables (hereinafter “the instant corporeal movables”) listed in the separate sheet in the E-factory located in Gwangju City E (hereinafter “instant factory”) as security by possession revision.

C. After that, F, a lessor of the instant plant, terminated the lease contract on the grounds of the delinquency in rent of the non-party company, and subsequently, on November 26, 2015, the instant corporeal movables was executed on the grounds of the termination of the lease contract. During that process, F entrusted the Defendant, a cargo custodian, with the custody of the instant corporeal movables. Since then, the Defendant is keeping the instant corporeal movables in its warehouse up to now.

On the other hand, the non-party company was in arrears with the repayment of the loan of this case, and as of April 17, 2018, the principal and interest of the loan of this case are KRW 650,974,817, and the defendant was not paid a total of KRW 72,00,000 for storage fees for the corporeal movables from December 26, 2015 to June 25, 2018.

(1) From November 26, 2015 to December 25, 2015, custody fees of KRW 6,000,000 were paid by F). According to the above facts of determination as to the cause of the claim, the Defendant, who keeps the instant corporeal movables, is obligated to deliver them to the Plaintiff, who is the owner, as a mortgagee, in an external relationship.

3. Judgment on the defendant's defense

A. The defendant's assertion is that the defendant has a lien based on the storage claim for the corporeal movables of this case.

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