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(영문) 창원지방법원진주지원 2017.11.16 2016가단37576
유체동산인도
Text

1. The defendant shall be listed in the attached Form 1 list in the real estate listed in the attached Table 2 list to main plaintiff A corporation.

Reasons

1. Basic facts

A. The primary Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”), the primary Plaintiff B, and the secondary Plaintiff C are different between the trade name and the location of the main office, but both E are the stock company in which E serves as the representative director.

B. On May 2, 2014, Plaintiff A entered into a sales contract for each of the equipment listed in the separate sheet No. 1 (hereinafter “instant equipment”) with the U.S. A, and received delivery of the instant equipment after paying the sales price.

C. After purchasing the instant equipment, Plaintiff A leased the instant equipment to F, who leased the Defendant’s factory, and the instant equipment was installed in a factory located in the real estate indicated in the attached Table 2, owned by the Defendant (hereinafter “instant factory”).

Preliminary Plaintiff B and the Defendant concluded a lease agreement with respect to the instant factory on February 2, 2016, with a total of KRW 50,000,000 (hereinafter “instant lease agreement”) from February 1, 2016 to April 1, 2016, and manufactured products at the said factory.

E. The first preliminary Plaintiff B asserted that the instant equipment was owned by the first preliminary Plaintiff B, around 2016, that the instant equipment was owned by the Defendant, and filed an application against the Defendant for a provisional injunction against interference and prohibition against the Defendant’s removal of the equipment owned by the first preliminary Plaintiff B, including the instant equipment, from the instant plant (the Changwon District Court Jinju Branch 2016Kahap20).

On August 10, 2016, the court dismissed the part concerning the equipment of this case among the above applications on the ground that the owner is not clear.

F. On September 9, 2016, the second preliminary Plaintiff C purchased equipment owned by the Defendant at KRW 200,000,000 (contract deposit of KRW 20,000,000) with the Defendant, and the Defendant concluded a sales contract to deliver equipment owned by the Defendant and the instant equipment (hereinafter “instant sales contract”) after receiving the full payment of the purchase price, and paid KRW 20,000,000 as the down payment.

G. The Plaintiff A’s equipment from May 2016, 201, is the instant equipment.

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