판매대금
1. The part of the judgment of the court of first instance against the plaintiff falling under paragraph (2) shall be revoked.
2...
Basic Facts
A. A. Around May 2008, the Plaintiff purchased as KRW 79 million (hereinafter “the instant work”) the fluorization (i.e., domination, size 24.0 x 33.2 cm with the intention of circulation, size 24.0 x 3.2 cm), from the Defendant operating “G” (hereinafter “G”).
On January 24, 2003, an incorporated association D (hereinafter “D”)’s publication of the instant work was accompanied by an appraisal report.
B. On May 14, 2008, the Defendant issued to the Plaintiff a letter of guarantee of works (hereinafter “instant letter of guarantee”) stating the author, materials, and techniques, specifications (including sales proceeds), etc. of the instant work.
The instant guarantee stated that “I will refund the full amount in the event of good offices”.
(hereinafter “instant refund agreement”) C.
The Plaintiff lost an appraisal report while keeping the instant work, and requested re-issuance around 2016, but D did not perform appraisal duties any longer and requested appraisal to F Co., Ltd. (hereinafter “F”), an appraisal institution comprised of D and H (hereinafter “H”)’s appraisers.
on November 11, 2016, F appraised the instant work as a good. D.
Since then, the Plaintiff returned the instant work to the Defendant, and the Defendant keeps the instant work.
[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1 through 4, and a reliable appraisal institution which evaluates art works in Korea as of the plaintiff's assertion of the purport of the whole pleadings, shall be F.
F, while being well aware of the fact of the D’s past appraisal of the instant work, the F appraised the instant work as a good, and the bereaved family members of the author C, who made the work, said that the instant work is a good.
The Plaintiff, in cooperation with the Defendant, made maximum efforts to prepare the procedure for re-appraisal in order to obtain the confirmation that the instant work is a good, but did not find any way to reverse F’s conviction.
Therefore, the instant work is so long as it has been proved as a good.