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(영문) 대구지방법원 2016.04.29 2016가단4355

유체동산인도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts of recognition are as follows: (a) the Plaintiff, on January 5, 1994, operated a multilateral bank with the trade name of “E” by leasing the instant D Underground Floor (hereinafter “E”); (b) on March 21, 2005 after suspending the multilateral operation around 2004; and (c) on December 3, 2014, the Defendant, on December 3, 2014, operated a multilateral bank with the trade name of “F” by leasing the instant store from C, without any dispute between the parties; or (d) based on the overall purport of the pleadings as indicated in the evidence No. 2, No. 1, and No. 4.

2. On January 9, 1994, the Plaintiff asserted that the Defendant arbitrarily uses the equipment owned by the Plaintiff without the Plaintiff’s consent, as the Plaintiff purchased Category 530,000 corporeal movables (booms) from G, which was operated at the instant store, for a set of KRW 30,00,000.

With respect to whether the equipment purchased by the Plaintiff from G is identical to the corporeal movables listed in the separate sheet in the present store of this case (hereinafter “the instant movable property”), it is not sufficient to recognize it solely by the descriptions and images of the health room, A1, and C, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case based on the premise that the movable property of this case is owned by the plaintiff is without merit.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.