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(영문) 수원지방법원여주지원 2017.04.05 2016가단8932
물품인도
Text

1. The Defendant shall deliver to the Plaintiff construction materials listed in the separate sheet.

2. The costs of lawsuit shall be borne by the defendant.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are both companies running the business of leasing snow materials for construction.

B. On May 22, 2015, the Plaintiff entered into a temporary re-lease agreement with the Oral Land Construction Co., Ltd. (hereinafter “Omal Land”) and leased the temporary materials.

The two comprehensive construction limited partnership companies (hereinafter referred to as the "dual construction") which are the contractor of the instant construction works (hereinafter referred to as the "dual construction") jointly and severally guaranteed the obligations under the above temporary re-lease agreement for the plaintiff.

C. On May 12, 2015, the Plaintiff entered into a temporary re-lease agreement with the Defendant and leased temporary materials from the Defendant to deliver the temporary materials to the construction site of this case.

After the completion of the instant construction, the Defendant returned the temporary materials owned by the Defendant directly from the two cases without going through the Plaintiff. During that process, the temporary materials listed in the separate sheet owned by the Plaintiff (hereinafter “the temporary materials of this case”) were returned to the Defendant.

E. Meanwhile, the above temporary rent to be paid by the Plaintiff to the Defendant is KRW 21,252,062, and the Plaintiff has not paid the above rent to the Defendant up to now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3-1 through 4, Eul evidence Nos. 1-5 and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant occupies the temporary materials of this case owned by the plaintiff. Thus, barring special circumstances, the plaintiff is obligated to deliver the temporary materials of this case to the plaintiff.

3. The defendant's defense is the defendant's exercise of commercial lien against the temporary materials of this case in order to secure the plaintiff's claim for temporary rent, so the plaintiff cannot respond to the claim of this case until he is paid the above temporary rent.

Article 58 of the Commercial Code.

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