beta
(영문) 대구지방법원 2018.07.18 2015가단38764

물품대금

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 April 27, 201, D(E) entered into a sales contract with the Defendant to sell 200 other input equipment to D. On April 29, 2011, the Plaintiff entered into a sales contract with D to sell 200 other input equipment to D. On April 29, 2011, and the Plaintiff delivered the Defendant with 200 other input equipment (hereinafter “instant equipment”) according to D’s instructions on September 19, 201.

B. Among the instant equipment, gold A issued in the local forum and requested the Defendant to repair the instant equipment. The Plaintiff, without compensation, replaced the gold drum (hereinafter “instant product”) with a new fora, repaired the instant equipment. At present, the instant product is kept by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the goods of this case were replaced for a new forum for the Defendant, and the Defendant is obligated to return the goods of this case to the Plaintiff.

B. The defendant's assertion that D is entitled to commercial lien under the Commercial Act on the goods of this case in relation to the defect of the equipment of this case, and cannot respond to the plaintiff's request.

C. The facts that the goods of this case are not owned by the defendant, and that D did not assert any right to the goods of this case are not disputed between the parties, and that the plaintiff replaced the goods of this case into a new forum without any consideration and repaired the equipment of this case as seen earlier, and if the purport of the whole pleading is added to the statement in the evidence No. 4-1 to No. 3, the plaintiff sought the return of the goods of this case to the defendant, and it is recognized that the plaintiff sent several answers to the plaintiff that the plaintiff would bring the goods of this case to the plaintiff at any time when the plaintiff solves other AS problems of this case or damages are harmed. In light of this, it is recognized that the plaintiff sent several answers to the plaintiff.