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(영문) 의정부지방법원 2016.06.29 2015가합2352
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 14, 2013, C, which operated B, entered into a contract to lease Nos. 2-7, 2-14 among the container container stores operated by the Defendant, and stored in the warehouse the clothing equivalent to KRW 304,122,00 at the market price of 20,079, including golf, etc. (hereinafter “instant clothing”).

B. On June 20, 2013, the Plaintiff concluded a contract for establishing security for transfer with respect to the instant clothing, which was kept in the warehouse operated by the Defendant while lending KRW 300 million to C.

C. On May 22, 2014, D Co., Ltd. (hereinafter “D”) entered into a contract with C to purchase the instant clothing, which was offered as a security for transfer regarding the said loan, and again provide the Plaintiff with it as a security for transfer, while taking over the obligation of the Plaintiff’s loan to C.

However, since October 2014, D delayed payment of interest on the above loan obligation, and the Plaintiff sought to dispose of the instant clothing around February 2015. In that case, E, which had already been employed as D, had already taken the instant clothing out of the warehouse.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 7, 11, 12 and the purport of the whole pleadings

2. Determination

A. As long as the Plaintiff asserted that he had acquired ownership of the instant clothing, the Defendant, even though he had to deliver the instant clothing to the Plaintiff, did so without permission, and thus, the Defendant shall compensate the Plaintiff for the amount equivalent to the appraised value of the instant clothing.

In electively, the Plaintiff acquired the instant bill as a security for transfer, and found the Defendant’s office together with D, and notified F of the Defendant’s employee F of F of F of F of F of the acquisition of the security right for transfer, thereby allowing the Defendant to remove the instant bill without permission, thereby making the Plaintiff impossible to enforce the security right for transfer. Therefore, the Defendant should compensate the Plaintiff for the amount equivalent to the appraised value

(b).

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