물품반환청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the claim for return of the goods
A. The gist of the Plaintiff’s assertion was the lessee of Seocho-gu Seoul Metropolitan Government Carryover A. 103, and D paid KRW 900,000,000,000,000 to Yong who was at the above leased location for the purpose of embezzlement and defrauding, and in the process of disposing of the instant goods illegally, he paid KRW 5 million to Yong who was the owner of the instant goods. Although he was aware that he was another person, E had the owner of the instant goods kept it in custody of the Defendant even though he was aware that the instant goods were stolen.
After that, the defendant notified D and E that the goods of this case were disposed of due to delay in the payment of storage fees, and then disposed of some goods.
The defendant is identified as the plaintiff and thus the owner of the goods of this case must immediately return the goods to the plaintiff.
B. The written evidence evidence Nos. 1 and 12 alone is insufficient to acknowledge that the instant goods were owned by the Plaintiff or D stolen or embezzled the instant goods, and that the Defendant knew such circumstance and kept the instant goods. The Plaintiff’s assertion is without merit, as there is no other evidence to acknowledge otherwise.
Even if the goods of this case are owned by the plaintiff, the defendant possessed the goods of this case in accordance with the entrustment contract for cargo storage concluded with E on August 27, 2010 and did not receive storage fees, and thus, the defendant has the right to retain the goods of this case. Thus, the plaintiff's above assertion is without merit in light of this point.
2. Determination on the claim for damages
A. The gist of the Plaintiff’s assertion was that the Defendant notified D and E of the instant goods on the ground that the ownership of the instant goods was not paid storage fees despite the Plaintiff, and disposed of part of the instant goods, and the remainder of the goods were in a situation that could not be used due to deterioration, damage, etc. during storage.