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(영문) 서울중앙지방법원 2015.08.27 2013가합563509
유체동산인도
Text

1. Defendant B shall deliver to the Intervenor succeeding to the Plaintiff the iron bars indicated in the separate sheet.

2. The plaintiff's defendants.

Reasons

1. Basic facts

A. The Bankruptcy Corporation (hereinafter “Bankruptcy Corporation”) contracted with Gangwon-do to “Road Packing Corporation” (hereinafter “instant Corporation”) to supply materials necessary for the instant Corporation through the Public Procurement Service, while entering into a contract with Gangwon-do.

B. On January 30, 2013, the Public Procurement Service entered into a contract on the supply of goods with the Defendant Dong-dong (hereinafter “instant contract on the supply of goods”) with the content that it will purchase the reinforced concrete-type steel and the 445,514km of the 359,738,240 won necessary for the instant construction (hereinafter “instant contract”).

C. On March 25, 2013, the bankruptcy company was supplied with the steel bars under the instant commodity supply contract from the Defendant Dong-dong International University, and was entrusted with the custody of the said steel bars to Defendant B without actually receiving the said steel bars, taking into account the demand for the steel bars required for the instant construction project (hereinafter referred to as “instant custody contract”) and the Defendant B received a deposit certificate in the name of “C-B”.

The Bankruptcy Company was transferred to the instant construction upon delivery from Defendant B for part of the steel bars stored in Defendant B. However, from August 2013, the Bankruptcy Company requested delivery of the steel bars stored in Defendant B and did not receive such delivery.

E. The steel bars not delivered after being supplied with the goods supply contract of this case (hereinafter “the steel bars of this case”) are as indicated in the attached list. The market price is 281,729,803 won around the closing date of pleadings of this case.

F. Meanwhile, Defendant B’s representative director D was indicted of having sold and embezzled the instant steel bars at his own discretion while he kept them in custody for the bankrupt company by the Chuncheon District Court’s original branch. On April 8, 2015, the said court sentenced D to a community service order of one year and four months in prison, three years in suspended execution, and 160 hours in prison due to occupational embezzlement, and the said judgment became final and conclusive on April 16, 2015.

G. Bankruptcy Company is bankrupt on April 16, 2014.

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