beta
(영문) 서울중앙지방법원 2020.01.21 2018가단59411

동산인도

Text

1. The defendant shall be the plaintiff.

(a) deliver movable property listed in the separate sheet;

B. The above A.

the delivery of movable property under paragraph (1).

Reasons

1. Facts of recognition;

A. On March 1, 2017, the Defendant: (a) concluded a contract for operation and planning (hereinafter “E”) with Nonparty C on the condition that the deposit amount shall be KRW 50,000,00 with respect to the “E” (hereinafter “E”) of Gangnam-gu Seoul, Seoul, which was leased and operated by Nonparty C; (b) the Defendant shall be entrusted with the instant main points delivered by C; and (c) the Defendant shall pay KRW 1,500,000 to C the proceeds from the operation on each main date; and (d) commenced the entrusted operation of the instant main points.

B. On March 2017, the Defendant held “F event” at the main point of the instant case (hereinafter “instant event”), and the Plaintiff introduced and exhibited the instant forest at the main point of the instant case in order to exhibit and sell the forest 19 points indicated in the separate sheet (hereinafter “instant forest”) owned by the Plaintiff as part of the instant event in accordance with a contract with the Defendant.

C. However, since only KRW 30,00,000 among the security deposit that the Defendant agreed to pay to C pursuant to the instant main shop operation contract, and the remainder of the security deposit was not paid at all, C and the Defendant agreed on the instant main shop operation contract around April 2017, and the Defendant recovered and keep the instant forest, which was exhibited in the main points of this case, while transferring the instant main points to C.

The market value of the instant forest is 57,400,000 won around the date of closing the argument in the instant case.

【Ground for recognition】 The fact that there is no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Judgment on the plaintiff's claim

A. According to the facts acknowledged prior to the judgment on the duty of delivery, the Defendant is obligated to deliver the instant pictures to the Plaintiff, barring any special circumstances.

B. The Defendant’s assertion (i.e., the Defendant’s assertion) is asserted.