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The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
1. As to the ground of appeal No. 1, this part of the ground of appeal is concerned with the selection of evidence and fact-finding which belong to the exclusive jurisdiction of the court below as a fact-finding court, or is alleged in misapprehension of legal principles on the premise of facts different from the facts acknowledged by the court
2. As to the grounds of appeal Nos. 2 and 3, the lower court determined that there is no evidence to support the establishment of a contract between the Plaintiff and the Defendant for the storage of share certificates, and since the certificate of the storage of share certificates of this case cannot be deemed as securities, the Plaintiff cannot be deemed as holding the right to claim
In light of the relevant legal principles and records, the above determination by the court below is correct, and there is no error in the misapprehension of legal principles as to the concept of securities or the probative value of the
3. As to the ground of appeal No. 4, on the ground that it is difficult to deem that the parties to a contract to have entered into a contract under the premise that the parties to the contract requesting the custody of share certificates exercise their right to request the return of share certificates on the expiration date of the contract, and that there was a mutual agreement with a third party (Plaintiff) other than the parties to the contract to obtain the right to request the return of share certificates, the lower court determined that the contract for
In light of the relevant legal principles and records, the above determination by the court below is justified, and there is no error in the misapprehension of legal principles as to the declaration of intent for a third party.
4. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.