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(영문) 서울남부지방법원 2020.11.26 2019가단257225
유체동산인도
Text

1. Defendant B Co., Ltd. shall deliver to the Plaintiff movables listed in the attached Table 1 list.

2. The plaintiff's defendant C Co., Ltd.

Reasons

The main lawsuit and the lawsuit of independent party intervention shall be considered together.

1. Basic facts

A. On March 3, 2017, the Plaintiff entered into an entrustment contract with E Co., Ltd. (hereinafter “E”) for the manufacture of cosmetics, and entrusted E with the development and manufacture of F shampoo and shampoo (hereinafter “instant manufacture contract”).

B. On May 30, 2017, the Plaintiff entered into a business contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) with F shampoo and rinse (hereinafter “instant business contract”).

C. On February 11, 2019, Defendant C entered into a sales contract with Defendant B Co., Ltd. (hereinafter “B”) to sell the instant shampoo and 60,000 sets at KRW 2.55 million (hereinafter “instant sales contract”). D.

On March 4, 2019, Defendant B entered into a credit transaction agreement that requires a loan of KRW 2 billion from the Intervenor (hereinafter “instant loan agreement”). On the same day, Defendant B entered into a contract for the transfer of security (hereinafter “instant transfer security agreement”) with the Intervenor to provide shampoo and rinse (hereinafter “instant shampoo”) listed in attached Table 1 as security for transfer (2.6 billion won).

E. On March 4, 2019, Defendant B, Intervenor, and G Co., Ltd. (hereinafter “G”) entered into a logistics warehouse agreement with the effect that the instant shampoo and shampoo shall be kept in the warehouse owned by G (hereinafter “instant storage agreement”).

F. On May 14, 2019, the Plaintiff sent to Defendant C documents stating that the contract will be terminated without extending the contract after the expiration of the period on May 29, 2019 pursuant to Article 7(1) of the instant business contract.

G. The instant shampoo and shampoo are stored in the I logistics warehouse located in the wife population H (hereinafter “I logistics warehouse”) at the time of G-owned.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff's assertion is one of the main points of the defendant B.

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