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Reasons
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(영문) 인천지방법원 2019.11.22 2018가단264740
유체동산인도
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1. The Defendants jointly deliver to the Plaintiff the movable property listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff in relation to the parties operates “E”, and Defendant B and C operated “E” in the name of the business owner under whose name the business owner was the owner, and on November 30, 2007, the said G’s name was changed to Defendant D.

B. 1) On November 28, 1997, the Plaintiff: (a) the notary public made the Plaintiff and the debtor at HJoint Law Office as Defendant B at HJoint Law Office as the creditor; and (b) the loan (hereinafter “this case’s loan obligation”) at the rate of KRW 50,00,000 from the Plaintiff on November 28, 1997 as of March 31, 1998 and interest rate of KRW 25% (payment as of March 31, 1998; and (c) for the purpose of securing the performance of the above obligation, the Plaintiff transferred the ownership of the movables listed in the attached list owned by the Defendant B (hereinafter “corporeal movables”) to the Plaintiff by means of an amendment to possession; and (d) if Defendant B fails to perform a monetary obligation under this contract, it shall be acknowledged that there is no objection even if compulsory execution is performed.”

A) A notary public entrusted the preparation of a notarial deed, and a notary public entrusted the said notarial deed with the said notarial deed in 1997 and 8242 on the same day (hereinafter “notarial deed”).

2) On the same day, Defendant B and C prepared and delivered to the Plaintiff a certificate of transfer and acquisition (hereinafter “certificate of transfer and acquisition”) stating that “I will transfer and acquire all F assets (such as the instant corporeal movables, the instant corporeal movables, and the F corporeal movables) to E (Plaintiff) on November 28, 1997.”

3. On the other hand, Defendant C did not pay to the Plaintiff on April 19, 2018 part of the remainder that Defendant C did not pay to the Plaintiff KRW 2,00,000,000 each month among KRW 50,00,000 used in each letter before May 31, 2018.

5. A promise to deposit a part of the money up to 31.

‘Written statement' shall be written.

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