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(영문) 서울중앙지방법원 2015.01.22 2014가합507506 (1)
유체동산인도
Text

1. The defendant shall be the plaintiff.

(a) deliver corporeal movables listed in the separate sheet;

B. The above A.

enforcement under subsection (1).

Reasons

1. Basic facts

A. The Plaintiff is a company that carries on manufacturing, repairing, leasing, etc. of oil pumps (pocks used to install reinforced concrete structures falling under the main structural part, such as columns in civil engineering and construction works).

B. If the Plaintiff supplies the waterway pumps accepted by the Plaintiff between the Defendant and the Defendant (hereinafter referred to as “relic pumps”) to the Defendant, the Defendant entered into a contract on the delivery and return of the waterway pumps (hereinafter referred to as “instant contract”) with the content that the repair cost is paid in return for the use thereof and the Plaintiff would return the waterway pumps (hereinafter “deficial uniforms”) that are taken out in lieu of the reficial pumps supplied as above to the Plaintiff.

C. During the period from November 7, 201 to June 20, 2013 under the instant contract, the Plaintiff supplied 69,452, the sum of the following size quantity of recycled oil pumps to the Defendant’s construction site (Yaam-dong, Kaam-dong, Baam-dong, Baam-dong, Nam-dong, and Han-dong).

Standard (m) Quantity (m) x 600 x 1,200 35,810 50 x 1,200 3,382 450 x 1,200 x 1,200,380 10,050 x 1,200 x 300 x 1,200 x 8,350 x 200 x 1,200 1,201,480 x 69,452 x 69,452 x 1,200 x 480 x 1,480 x 5, 14, 16 x 16 x 1,200 x

2. Determination as to the cause of action

A. According to the above facts, unless the defendant asserts and prove that the defendant returned the waste oil pumps above the quantity that the plaintiff seeks to transfer to the plaintiff, the defendant may exclude the quantity of the waste oil pumps (m) quantity (m) x 1,200 21,874 x 1,200 x 1,200 1,348 x 450 x 1,200 7,851 7,851 85 40 x 1,200 x 1,200 7,07,074 30 x 1,200 6,035 x 20 x 1,201,92 Gohap 46,034 x 20 x 1,202 x 46,034.

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