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(영문) 부산지방법원 2016.01.27 2014가합51605
유체동산인도
Text

1. Between the plaintiff and the independent party intervenor, the corporeal movables listed in the attached Table 1 are the independent party intervenor.

Reasons

1. Basic facts

A. The plaintiff is a juristic person established for the purpose of credit business under the Community Credit Cooperatives Act. The defendant is a juristic person operating a business of storing agricultural, livestock and fishery products in a commercial bonded warehouse, and the intervenor is a bank operating banking business.

B. On October 8, 2009, the Intervenor and the Robb Trading Co., Ltd., Ltd., and the Robb Trading Co., Ltd., Ltd., on foreign exchange transaction agreements (hereinafter “Nb Trading”) concluded a credit transaction agreement with the Intervenor setting the credit limit amount at US$ 300,000 (which was changed to US$ 500,000 on March 10, 201) for the issuance of the credit necessary for the import of goods between the Intervenor and the Intervenor, and entered into a foreign exchange transaction agreement on November 6, 2009, respectively, with the content of the said foreign exchange transaction agreement as listed below:

Article 1 (Scope and Coverage) of the Foreign Exchange Transaction Agreement shall apply to all the present and future transactions (including transactions by electronic document exchange systems) of the following provisions:

(1) An export transaction. (2) An import transaction under Article 3 (Security Trading) B&C trading is to transfer to the intervenor the obligation to be borne by the intervenor in connection with the transaction under Article 1 and related documents, and the interest, discount fees, fees, damages for delay, other incidental expenses, etc. which are incidental thereto.

C. A Co., Ltd.’s freezing fish import 1) A Co., Ltd. (hereinafter “A”).

B) The actual operator of the B attempted to import freezing fish from China, and upon request from D operating C due to problems such as the establishment of sanitary certificates necessary during the import process, it was intended to lend the name of C to B. Upon such request, D will act on behalf of B in the import and sale of freezing fish, as indicated below, according to the entrustment of D.

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