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(영문) 대구지방법원 2019.07.25 2018가단118562
물건인도
Text

1. The defendant shall deliver to the plaintiff the goods listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On March 24, 2017, the Plaintiff concluded a contract for the supply of oil production with the Defendant for the price of KRW 325,556,00, and the delivery date within 90 days from the date of the contract, and then supplied the goods indicated in the separate sheet (hereinafter “instant goods”) equivalent to KRW 129,090,00 to the Defendant on March 24, 2017, but did not receive the price.

B. Article 3 of the Agreement provides that the contractual goods shall belong to the Plaintiff who is the supplier until the balance is fully paid.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 4 through 6 (including each number), and the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the above article to the plaintiff, who is the owner of the instant article, pursuant to the ownership reservation clause, unless there are special circumstances.

B. The defendant's assertion argues that the defendant had already settled the price of the goods of this case with an electronic bill or agreed to pay the price of the goods of this case after the plaintiff's completion of the plaintiff's remaining process. However, since there is no evidence to acknowledge the defendant's assertion, the defendant's assertion is not acceptable.

(M) In light of the overall purport of the statements and arguments set forth in subparagraphs 6-1 and 2 of the evidence No. 6-1 and 2, it is recognized that all two copies of the electronic bill delivered by the Defendant to the Plaintiff were insolvent). 3. Accordingly, the Plaintiff’s claim of this case is justified.

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