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(영문) 대구지방법원 2016.03.23 2015나8764
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 47,700,000 as well as to the plaintiff on August 2014.

Reasons

1. Basic facts

A. On February 1, 2010, the Plaintiff loaned KRW 70,000,00 to C at the interest rate of 49% per annum, and the due date of reimbursement on March 30, 2010.

B. On the date of the said loan, the Plaintiff and C entered into an agreement on the transfer for security (hereinafter “instant transfer for security”) with the purport that “C shall transfer the ownership of the machinery and instruments listed in the attached Table 1, C, to secure the performance of the said loan obligation, and the Plaintiff shall acquire it by transfer,” and on February 2, 2010, a notary public entered into an authentic deed of a contract on the repayment of obligation with the security for transfer for security with the law firm No. 334 on February 2, 2010.

C. On October 15, 2013, the Defendant entered into a contract with C to purchase at KRW 200,000,000 machines and instruments, etc. listed in the separate sheet Nos. 1 through 5, and 8 (hereinafter “instant machines and instruments”) from among the machines and instruments listed in the separate sheet No. 1 (hereinafter “first sales contract”).

The Defendant re-leased part of the machinery and equipment listed in the attached list 2 to C and directly used the remainder.

C around May 2014, the operation of E was suspended, and the instant machinery and equipment was installed in the E-factory building located in the Gyeong-gun F in the Gyeong-gun, Seongbuk-gun (hereinafter referred to as the "E-factory building") and directors were located in another place.

On May 28, 2014, after the termination of the lease agreement between C and the instant machinery and apparatus, the Defendant went to the E-factory building to recover the instant machinery and apparatus, but G, the owner of the E-factory building, was unable to receive delayed payments from C, and was unable to remove the instant machinery and apparatus from the entrance.

E. On June 5, 2014, the Defendant explained the aforementioned circumstances to G and sent content certification demanding cooperation in the recovery of the instant machines and apparatus.

G On June 10, 2014, when the defendant's ownership of the machinery and apparatus of this case is confirmed, G shall comply with India and the defendant shall set up a starting device.

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