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(영문) 서울중앙지방법원 2018.07.06 2017가합33815
물품인도 청구의 소
Text

1. The defendant shall deliver 2,425 out of the coding mining machines listed in the attached Form to the plaintiff.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. On April 2017, the Plaintiff changed the trade name from “Co., Ltd. D” to “Co., Ltd.” on April 24, 2017, and thereafter, on November 30, 2017, the trade name was changed to that of “Co., Ltd.”; thereafter, on November 30, 2017, the Plaintiff entered into a contract on supply and consignment management of mining machines (hereinafter “instant contract”).

B. The instant contract contains ① (a) the Defendant manufactures and supplies the mining machine (hereinafter “the instant mining machine”) to the Plaintiff when the Plaintiff orders a computer operating a program to obtain encryption (E) (hereinafter “mining machine”) to the Defendant, and (b) the Defendant still occupies and manages the instant mining machine in accordance with the instant contract; and (c) the Defendant extracts and manages the extracted coding machine at a certain ratio; and (d) divide the extracted coding or sales proceeds of coding (mining machine management contract).

C. From June 30, 2017, the Plaintiff supplied part of the instant mining machine supplied by the Defendant to the customers from around June 30, 2017, and the customers entered into a “mining machine sales and consignment operation contract” (hereinafter “instant subsequent contract”).

In accordance with the instant contract, the Defendant occupied and managed encryptions at the place indicated in the separate sheet, which is owned by the Plaintiff, and the mining equipment supplied by the Plaintiff to the customers according to the instant follow-up contract.

E. The Defendant currently occupies and manages the mining machine of this case at the place indicated in the attached sheet.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence Nos. 11, 13 and 21, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion entered into the instant contract with the Defendant on April 12, 2017, and accordingly, KRW 5,023,80,000 to the Defendant.

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