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1. Regarding MEK case (MEK), the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Defendant).
Reasons
1. Facts of recognition;
A. On June 20, 2015, A Co., Ltd. (hereinafter “MEK”) approved the Defendant that the non-party company owes the obligation of KRW 1.2 billion to the Defendant, and provided MEK, etc. owned by the non-party company, which is kept in the non-party company’s possession of the non-party company leased by the Defendant, as a collateral for transfer, and the Defendant entered into a security transfer agreement with the content that it takes over the collateral by means of an alteration of possession.
B. On November 18, 2015, the Plaintiff transferred 200 tons of the above MEK (MEK) from the non-party company for the repayment of the goods-price claim amounting to KRW 167,121,806 to the non-party company, and received documents related to B/L (bill of lading) and transfer from the non-party company, and paid KRW 5,417,540 to the non-party company for customs clearance costs.
C. The Plaintiff and the Defendant: (a) sold the instant MEK from January 2016 to March of the same year; and (b) sold the price of KRW 176,39,780 during the period from January 2016 to March of the same year; and (c) agreed to settle the price according to the outcome of the instant lawsuit.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings
2. The plaintiff asserts that since the non-party company transferred the above MEK (MEK) 200 tons from the non-party company and acquired ownership or acquired it in good faith, the plaintiff asserts that there is no obligation to pay to the defendant in relation to the disposal price.
The defendant has already acquired the right to transfer the above MEK from the non-party company to the above MEK, and the plaintiff is merely a person who has acquired the ownership from the non-party, and there is no right to the above MEK (MEK). Therefore, the disposition for disposal shall be reverted to the defendant.
3. A security agreement shall be concluded on a movable to determine the principal claim and counterclaim, and a mortgagee shall take possession of the property.