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(영문) 서울중앙지방법원 2020.08.20 2019가합4415
물품(동산)인도 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C operated a personal business entity engaged in digital printing business, etc. with the trade name “B,” and around July 2018, upon establishing the Defendant (Co., Ltd.) and charged the Defendant’s representative director.

B. Around April 19, 2016, the Plaintiff entered into a contract with C for the supply of goods with one digital printing machine (D), one digital printing machine (D) around May 25, 2016, and two other digital printing machines (F) around April 27, 2017, and around June 26, 2017. On November 23, 2018, the Plaintiff entered into a contract for the supply of goods with the Defendant for the supply of goods with one digital printing machine (G).

Each of the above goods supply contracts provides that the Plaintiff shall supply C or the Defendant with goods such as digital printing machines, and the price shall be paid in installments by C or the Defendant, and if the price is paid in full, C or the Defendant shall acquire ownership of each goods.

C. The Plaintiff delivered goods to C or the Defendant according to each goods supply contract at the time of each contract.

Attached Form

Each movable described in the list is part of it. D.

As the Defendant did not perform the obligation to pay the price for goods under the goods supply contract dated November 23, 2018 to the Plaintiff, the Plaintiff urged the Defendant to pay the unpaid price by April 8, 2019 to the Defendant by April 16, 2019.

E. On September 11, 2019, the Plaintiff filed a motion with the Seoul Central District Court 2019Kahap210 for a provisional disposition prohibiting the transfer of possession of corporeal movables on each movable listed in the separate sheet, and received a decision of acceptance on September 11, 2019.

Accordingly, the execution of provisional disposition on September 19, 2019 was carried out. At the time, the enforcement officer carried out provisional disposition on each movable property listed in the [Attachment 3] Nos. 4, 6, 7, and 9 attached Table Nos. 1, 2, 5, and 8 other than each movable property listed in the [Attachment 3] No. 4, 6, 7, and 9, which was already seized and currently in the auction.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 to 6 (including evidence attached with serial numbers) and the whole pleadings.

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