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(영문) 청주지방법원 2021.03.12 2020가단5839

유체동산인도

Text

The defendant shall deliver to the plaintiff the goods listed in the attached list. The costs of lawsuit shall be borne by the defendant.

subsection 1.

Reasons

1. Facts of recognition;

A. On March 31, 2013, the Plaintiff registered a business operator with the trade name “B” to operate a business, such as lease of a game machine and repair of a game machine, at the Gwangju Tax Office.

B. On January 25, 2018, the Plaintiff purchased at KRW 30,440,000,00 from E running “D” located in Gwangju Northern-gu, a kind of game machine of the same kind as the attached list, and KRW 14,440,00.

(c)

On October 1, 2018, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) between F and F with regard to the game machine listed in the separate sheet (hereinafter referred to as “instant game machine”) with F, for a period of one month, and 3,150,000 won (3,500 won per day per game machine 1st, 300 x 30 days x 30 days) (hereinafter referred to as “the instant lease agreement”). From F, the Plaintiff received from F a lease agreement with a rent of KRW 315,00 won on October 30, 2018, KRW 3150,00 won on December 31, 2018, KRW 3150,000 won on January 31, 2019, KRW 280,000 on February 28, 2019, respectively.

(d)

From August 25, 2018 to April 10, 2019, F operated the game room using the instant game machine, etc. in the “H” located in the Chungcheong-gun G, Chungcheong-gun, and committed an act of calculating 10,000 won per 10,000 won as the result of the use of the game product by customers, and raising 10% of commission and exchanging in cash. On April 14:50, 2019, the game of this case was discovered to the police officers belonging to the Chungcheong-gun District Police Agency and seized the game of this case.

E. On November 27, 2019, the Cheongju District Court 2019 High Order 1668, F was sentenced to the suspension of the execution of imprisonment for the above criminal act in August, 2018 and the forfeiture of the instant game machine, etc., and F’s appeal (the above court 2019No 1779) was dismissed, and the above judgment became final and conclusive on June 26, 2020.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 5 evidence, Eul 1 and 5 evidence, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserted by the parties is the owner of the game machine of this case and the F is the person who rents the game machine from him and operates the game room, and the F violates the Game Industry Promotion Act.