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(영문) 창원지방법원 2014.11.27 2014가단3019
동산인도
Text

1. The Defendants shall deliver to the Plaintiff movable property listed in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. On December 28, 2009, the Plaintiff entered into a lease agreement with C on December 28, 2009, under which C and CNC Line Machinery Co., Ltd. owned by the Plaintiff (hereinafter “instant machinery”) paid rent of KRW 2,089,240 per month from January to December 36, 2012 and C are leased to C (hereinafter “instant agreement”). Article 10 of the said agreement states that the said owner of the said machinery is the Plaintiff during the lease term.

B. C sold the instant machinery to D at KRW 60,00,000, around January 201, and agreed that some of the above payments shall be substituted by the method of paying KRW 2,200,000 per month for the remainder 24 months (from January 201 to December 2012). D agreed that the metal processing work provided by C using the instant machinery to arrange and pay brokerage fees to C.

C. Since June 201, the Plaintiff was not paid the lease fee of the instant machinery from around June 201, the Plaintiff urged C to pay the lease fee pursuant to Article 20 of the instant contract, and subsequently C terminated the instant contract around August 201, when C did not pay the lease fee.

On November 30, 2011, the Plaintiff filed a lawsuit against C seeking the delivery of the instant machinery (Seoul District Court 201Gadan82601) and was sentenced to a favorable judgment on November 30, 201, and the said judgment became final and conclusive on December 27, 201 of the same year.

E. D’s execution of the provisional disposition was conducted on January 18, 201 by a public official of Busan District Court to transfer one of the machinery of the mining center, which was kept by attaching a notice to the Defendant after the execution of the provisional disposition to deliver the objects of execution based on the original copy of the provisional disposition prohibiting possession or transfer of corporeal movables and the original copy of the decision prohibiting disposal, and by notifying the Defendant of the disposal and the prohibition of transfer of possession, on August 18, 201, by a public official of Busan District Court to a warehouse of 259, where he/she moved the machinery of the mining center, which was kept by attaching a notice to the purport of the provisional disposition.

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