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1. The defendant shall deliver the machines listed in the attached list to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Basic facts
A. On December 7, 2012, the Plaintiff entered into a contract with Nonparty Gold Plant Co., Ltd. (hereinafter “gold Plant”), under which the machines listed in the attached Form (hereinafter “instant machine”) are supplied in KRW 115,00,00 and the said machines are maintained as a repair cycle, and the down payment of KRW 20 million is KRW 83,50,000 on the day of the contract, and the intermediate payment of KRW 83,50,000 on December 20, 2012, and the remainder of KRW 11,50,000 is to be paid within one week after the installation of machinery and the completion of trial operation (hereinafter “instant sales contract”). The said contract contains the content that “the ownership of the goods belongs to the Plaintiff until the completion of the full payment of the purchase price of the gold plant.”
B. The Plaintiff installed the instant machinery in the gold plant according to the instant sales contract, but the gold plant paid the down payment of KRW 20 million and did not pay the intermediate payment and the remainder of KRW 95 million in total.
C. Accordingly, the Plaintiff filed an application with the Changwon District Court for a payment order seeking payment of the remainder of the goods with the Changwon Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Order 201, and received from the said court the payment order stating that “gold plant shall be paid to the Plaintiff 95,000,000 won and the amount equivalent to 6% per annum from January 23, 2013 to May 6, 2013, and the amount equivalent to 20% per annum from the next day to the date of full payment,” and the said payment order was finalized as is.
On July 11, 2013, the Plaintiff paid KRW 50 million by July 11, 2013 for the gold-in plant between the gold-in plant and the gold-in plant, and paid KRW 50,500,000,000,000 in total, including the remainder of goods prices, delay damages, and expenses for conducting auction until August 2, 2013, and the Plaintiff’s failure to pay the instant machinery as security for transfer.
was drawn up.
E. On the other hand, gold-in plant is the Gyeongnam-si, Inc., Ltd., which owns gold-in plant between the National Bank on July 27, 2012 and September 11, 2012.