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(영문) 창원지방법원 2015.07.22 2014가합33284
유체동산인도
Text

1. The Defendants shall deliver to the Plaintiff movable property listed in the separate sheet.

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

3...

Reasons

1. On March 21, 2013, the Plaintiff entered into a installment financing contract (hereinafter the installment contract in this case) with Defendant A as to movable property listed in the separate sheet (hereinafter referred to as “the movable property in this case”): 450,00,000 won: 6.3% of the agreed interest rate: 24% of the overdue interest rate; 37 months; and 37 months of the installment period; the Plaintiff would immediately lose the benefit of time and deliver the movable property in this case to the Plaintiff for the security of the above installment payment; and the Plaintiff would immediately transfer the ownership of the movable property in this case to the Plaintiff for the security of the above installment payment; the Plaintiff notified the termination of the installment contract in this case to the Defendant on July 4, 2014, and received the notification to the Defendant at that time; and it is recognized that the Plaintiff and the Defendant could occupy the entire continental trade in this case between the Plaintiff and the Plaintiff and the Defendant under Article 150 of the Civil Procedure Act.

According to the above facts of recognition, Defendant A was obliged to immediately lose the interest of time and deliver the instant movable to the Plaintiff by delaying the installment debt of the Plaintiff. Thus, Defendant A, an indirect possessor of the instant movable property, and Defendant continental trade, a direct possessor, are obligated to deliver the instant movable property to the Plaintiff, barring special circumstances.

2. The defendant's continental trade in determining the assertion of the defendant's continental trade has the right to attract the movable property of this case for the security of the above claim, since the defendant's continental trade is entrusted with the repair of the movable property of this case by the defendant A. However, the defendant's continental trade is the defendant.

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