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(영문) 서울동부지방법원 2021.03.09 2019가단164214
유체동산인도
Text

The defendant shall deliver to the plaintiff the movables listed in the attached list. The costs of lawsuit shall be borne by the defendant.

subsection 1.

Reasons

1. Basic facts

A. From October 2016 to February 2017, the Plaintiff invested the production cost with C Co., Ltd. (hereinafter “Manufacture”) and entered into a solicitation agreement with the Plaintiff to the effect that the Plaintiff produced goods and supplied them to D, and that it would pay the Plaintiff profits based on the relevant sales (hereinafter “each of the instant investment agreements”).

B. In order to secure the return of the investment amount and the payment of the proceeds pursuant to each of the instant investment agreements to the Plaintiff, the instant manufacturers offered as security all of the sales claims against D and the inventory of each of the instant products, and consented to the voluntary disposal of the said securities at the time of the payment of the said investment amount and the accrued proceeds.

(c)

The manufacturer of this case manufactured the product in accordance with each of the investment agreements of this case, and the movable property listed in the separate sheet (hereinafter “the product of this case”) is part of the products manufactured in accordance with each of the investment agreements of this case.

(d)

The Plaintiff around June 14, 2017, with respect to 240,497,630 won invested in accordance with each of the instant investment agreements, the amount of investment and earnings that the instant manufacturing company is obligated to calculate to 195,048,112 won in total. Since the instant manufacturing company took out and disposes of the stored goods in the warehouse without the Plaintiff’s permission, the Plaintiff would be able to suspend the release of the stored goods in the warehouse and redeem the investment and earnings until June 15, 2017.

If the manufacturer of this case fails to perform this, it is scheduled to dispose of the goods of this case which are the object of transfer security.

1. The chief executive officer sent the chief executive officer a peremptory notice.

E. Meanwhile, in around 2017, the Defendant purchased at KRW 330,000, 130 of the instant manufactured goods, etc. and KRW 130,530 of the instant manufactured goods, etc. kept in E (hereinafter “E”) after the instant manufactured goods were manufactured in accordance with the instant investment agreement.

(f) Accordingly.

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