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1. The defendant shall deliver to the plaintiff corporeal movables listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Facts of recognition;
A. On June 26, 2014, Nonparty C Co., Ltd (hereinafter “Nonindicted Co., Ltd”) set up a right to collateral security of KRW 528 million with respect to D’s land for a factory and its ground buildings, etc. (hereinafter “real estate owned by the Nonindicted Co., Ltd.”) with respect to the Industrial Bank of Korea, Kimpo-si established the right to collateral security of KRW 371 square meters of land for a factory and its ground, etc. (hereinafter “real estate owned by the Nonindicted Co., Ltd.”) pursuant to the Factory and Mining Foundation Mortgage Mortgage Act.
B. On November 10, 2017, in order to secure the claim against the non-party company, the Plaintiff was established by the non-party company with a maximum debt amount of KRW 124 million against the real estate owned by the non-party company.
C. The plaintiff supplied the non-party company with the product of dry dissolution, and the non-party company did not pay the product price of KRW 119 million.
On April 13, 2018, a non-party company and the Plaintiff: “The non-party company that is the debtor shall pay the price of the above goods to the Plaintiff, the creditor, KRW 20 million as of the end of May 2019 through September 2018; KRW 15 million as of October 31, 2018; and KRW 4 million as of November 30, 2018; if the debtor delays the installment amount at least once, the period shall be lost; and the non-party company shall recognize compulsory execution at the time of default. In addition, the non-party company concluded a debt repayment agreement (quasi-loan loan) with the content of the instant corporeal movables owned by the non-party company to secure the performance of the above goods; and a notary public drafted a notarial deed with the title of the non-party company as a creditor by means of an amendment of possession of the ownership of the said corporeal movables in order to secure the performance of the above goods.” The non-party company drafted the above agreement as a notary public for the foregoing year 2081.
Upon the request of the non-party company on April 11, 2018, the Plaintiff cancelled the instant right to collateral security, and instead, on April 12, 2018, the instant corporeal movables from the non-party company.