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(영문) 서울고등법원 2017.07.20 2017나2000917
물품인도
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall make each of the corporeal movables listed in the separate sheet 1 and 2 to the plaintiff, respectively.

Reasons

Basic Facts

A. The plaintiff is a company with the objective of performing production and planning, etc., and the defendant is a company with the purpose of arranging domestic and overseas parcel transportation business.

B. The contract of carriage between E (hereinafter “E”) and the Defendant (hereinafter “E”) is a company for performance planning and production, etc., and as a company for which the purpose of performance planning and production is HWG’s “HG” (hereinafter “first performance”) in Japan.

In order to hold the foregoing performance, the Defendant and the Defendant agreed to remove the equipment to be used in the said performance to Japan in the Republic of Korea. On October 2014, a contract of carriage between the Defendant and the Defendant (hereinafter referred to as “the first contract of carriage”) which entrusts the Defendant with the carriage of the said equipment and MD goods in the Republic of Korea (hereinafter referred to as “the first contract of carriage”).

(2) Around December 12, 2014, the Defendant received advance payment of KRW 66,00,000 from E in accordance with the first transport contract, and the Defendant, on his own initiative, completed the carriage of the performance equipment overseas and in Japan for the first performance, and claimed KRW 166,250,000 to E as the transport cost.

3) On January 8, 2015, the Defendant promised to pay in full the transport price from E and delivered performance equipment to E. However, the remainder of the transport price (i.e., KRW 166,250,000 - 66,000) was not paid. C. In the contract between the Plaintiff and the Defendant, the Plaintiff and the Defendant entered into a contract between the Plaintiff and the Defendant, and the Plaintiff, a Japanese corporate Japanese corporation, I (hereinafter “I”) with the intention to invite “G” to hold a “J performance” (hereinafter “second performance”) from May 8, 2015 to June 10, 2015. On March 30, 2015, the Defendant concluded a contract between the Plaintiff and the Plaintiff to cooperate with the Plaintiff with the terms of entrusting the Plaintiff with domestic duties, such as manufacturing and transporting equipment necessary for the public performance.

2 I shall have the equipment to be used in the second performance carried out in Korea to Japan, and shall have the performance equipment in Korea on April 29, 2015.

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