1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasons why the court should explain this part of the facts of recognition are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, in addition to the fact that “current” of the first line is deemed to be “when the date of closing argument in the court of first instance” under Section 2 of the judgment of the court of first instance, and therefore, it shall be cited as it is in accordance with

2. The assertion and judgment

가. 원고의 주장 요지 ⑴ 주위적 청구 원고와 피고 사이에는 이 사건 상품권들에 관한 매매계약이 체결된 바가 없고, 원고는 피고에게 피고 직원의 요청에 의해 상품권의 수량과 상태를 확인시켜줄 목적으로 이 사건 상품권을 건넸을 뿐이므로, 이 사건 상품권의 소유권은 여전히 원고에게 있어, 피고는 그 소유자인 원고에게 이 사건 상품권을 인도할 의무가 있다.

【Preliminary Claim, even if the purchase contract for the gift certificates of this case was concluded between the Plaintiff and the Defendant, the Defendant did not pay the purchase price to the Plaintiff. The Defendant is obliged to pay the Plaintiff the purchase price of KRW 25,500,000 for the gift certificates of this case and the delay damages therefor.

B. According to the facts of recognition prior to the determination on the primary claim (i.e., the Plaintiff’s ownership as of the date of the closing of argument in the trial, and the Plaintiff and the Defendant do not seem to have concluded a sales contract on the gift certificates of this case (the Defendant appears to have no different opinion in that there was no direct sales contract between the original Defendant in that the Defendant asserted “C, not the Plaintiff,” in the preparatory document of March 7, 2014, which was submitted to the court of first instance.). The Defendant is obligated to return the gift certificates to the Plaintiff, the owner of the instant gift certificates, unless there is any special circumstance.

⑵ 피고의 항쟁 등 ㈎ 채권의 준점유자에 대한 변제...