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(영문) 창원지방법원 2016.07.21 2016가합51729
사해행위취소
Text

1. Defendant Taewon Czek Co., Ltd. shall deliver to the Plaintiff corporeal movables listed in the separate sheet.

2. The plaintiff's defendant.

Reasons

1. Basic facts

A. On June 10, 2013, the Plaintiff agreed to manufacture and supply the corporeal movables listed in the separate sheet (hereinafter “instant machinery”) to Defendant Taewon SPP (hereinafter “instant contract”) and installed the instant machinery at Defendant Taewon SP’s factory.

(1) Proceeds: 455,00,000 won (excluding value-added tax): The delivery date of goods: October 31, 2013;

B. In addition, on December 12, 2013, the Plaintiff produced and supplied 440,000 won (including value-added tax) to Defendant Taewon SPP.

C. Defendant Taewon E.S.P. did not pay to the Plaintiff the remainder, in addition to the Plaintiff’s payment of KRW 340,000,000,000,000 as the price for the instant machinery and the instant container transmitter on June 20, 2013; KRW 20,000,000 on August 22, 2013; KRW 200,000,000 on September 17, 2013; and KRW 340,000,000 on June 9, 2014.

From September to October 2014, 2014, Defendant Taewon E.S., using a factory, such as the internale, Defendant Taewon E.I.D., had taken over the instant machinery and possessed the instant machinery until now.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 5, Gap's evidence 8-8, the purport of the whole pleadings

2. The plaintiff's assertion

A. At the time of the instant contract, the Plaintiff entered into a special agreement on the reservation of the ownership of the instant machinery to the Plaintiff, the seller, at the time of the Plaintiff’s primary claim against the Defendant Taewon C&C, until Taewon E&C, the buyer, paid the purchase price in full. As such, the Plaintiff sought the return of the instant machinery as its owner against the Defendant Taewon C&C, the possessor of the instant machinery.

B. Preliminary Claim against the Defendants 1 against the Defendant Thaiwon Es.

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