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(영문) 전주지방법원 2017.11.22 2017가단18608
유체동산인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff (the status of the party) was changed from the Bioresources Co., Ltd. to the Co., Ltd. on April 6, 2017.

(2) Defendant A operated a farm that raises eggs in Kim Jong-si (hereinafter referred to as the “instant farm”), and Defendant B is the child of Defendant A.

B. (1) The Defendant A was supplied with feed from the Plaintiff since March 2016 while operating the instant farm. The Plaintiff and the Defendant A agreed to establish a security transfer for the instant movable property in the instant farm, which is a storage unit, in order to secure the obligation for the payment of feed, to establish a security transfer for the instant movable property (hereinafter “instant concession security agreement”).

(A) On January 27, 2016, a notary public signed a notarial deed (No. 1; hereinafter “instant notarial deed”) under a money loan contract for transfer security (No. 1; hereinafter “instant notarial deed”) by means of No. 66, 2016.

2) The instant notarial deed contains the following descriptions:

① On December 24, 2015, the Plaintiff loaned KRW 130 million to Defendant A at the rate of 20% per annum on February 3, 2016 and delay damages.

(2) When Defendant A fails to perform a monetary obligation under this contract, he/she recognized that there is no objection even if compulsory execution was conducted immediately.

(3) The Defendant A transferred the ownership of the instant movable property owned by Defendant A to the Plaintiff by means of the possession amendment with a view to ensuring the performance of the said obligation, and the Plaintiff acquired it by transfer.

(4) When the defendant A fails to perform his obligation, or when he is requested by the plaintiff to deliver the mortgaged article for other reasons, he shall immediately deliver the mortgaged article to the plaintiff without any objection.

(5) When Defendant A does not perform his/her obligation, the Plaintiff shall immediately do so.

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