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(영문) 수원지방법원성남지원 2020.11.13 2019가단225858

물품인도 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 2012, the network C operated the public room located in Seongbuk-gu, Seongbuk-gu, Sungnam-si as a mutual public room of “F” (hereinafter “instant public room”) by leasing KRW 10,000,000 from E to KRW 500,000 per month of rent.

B. Around December 21, 2012, the Deceased and the Defendant entered into an agreement with the Defendant to provide the Defendant with free of charge the work books and one chair of the instant public library, and to jointly produce a robot cover model ordered by a customer of the public library and distribute one-half of the supply amount (hereinafter “the instant agreement”). From around that time, the Defendant, along with the Plaintiff, carried out the manufacture and supply of the robot model at the public library of this case.

C. The Deceased was missing on November 16, 2018, and was found on January 30, 2019.

As the inheritor of the deceased, G was the Plaintiff’s mother, who is the father of the deceased, and the mother of the deceased, and G was the sole heir of the deceased on March 20, 2019 by reporting the renunciation of inheritance.

(Plaintiffs made a qualified acceptance on March 20, 2019) D.

From January 22, 2019 to July 19, 2019, the Defendant published the same article as the attached list I to III on the deceased or the Plaintiff’s Internet Blogs operated by himself.

E. On July 24, 2019, the Plaintiff terminated the instant public bank’s lease agreement and subsequently returned KRW 200,000 after deducting the unpaid rent and management expenses, etc. from the lease deposit. The Defendant is operating the instant public bank based on the newly concluded lease agreement.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The articles listed in the [Attachment 1] List as to the Plaintiff’s assertion are used in the instant airspace, and part of which is owned by the Plaintiff, or part of which is the ownership of the deceased, and finally inherited by the Plaintiff.