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(영문) 수원지방법원평택지원 2020.04.24 2019가단6886
동산인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 10, 2017, the Plaintiff entered into a contract with B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) for construction cost of KRW 184,800,000 between the Plaintiff and the corporation manufacturing boiler manufacture and installation, metal tanks, and storage containers.

B. The Plaintiff received 74.8 million won of the construction price from the Nonparty Company before the boiler delivery, and on April 18, 2017, installed a boiler, such as the movable property listed in the separate sheet (hereinafter “instant corporeal movable property”) in the Nonparty Company.

On June 5, 2017, the Plaintiff urged several times, and received 35 million won, which is part of the intermediate payment from the non-party company.

C. On July 14, 2017, the Plaintiff concluded a contract on the transfer of the instant corporeal movables between the Nonparty Company and the Nonparty Company (hereinafter “instant transfer contract”) in order to secure the Defendant’s obligation to pay the instant construction cost.

According to the transfer contract of this case, the non-party company transferred the corporeal movables to the plaintiff, and transferred them by the method of possession amendment. The main contents of the transfer contract of this case are as follows.

Article 1 [Scope of Claim Secured] The Ccorporeal movables of this case transferred under this Note shall be transferred on behalf of the non-party company (hereinafter referred to as "goods provider or debtor") on behalf of the plaintiff (hereinafter referred to as "creditor") for the amount of goods currently borne by the non-party company, 75 million won.

§ 2. [Securityer and Responsibility of Obligor]

1. The goods provider shall transfer the corporeal movables of this case to its own owner and are not restricted by a third party;

A goods provider shall not act to obstruct the exercise of the creditor's rights.

2. If a third party interferes with or is likely to interfere with the creditor's exercise of rights, the goods provider and the debtor;

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