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(영문) 대구지방법원경주지원 2017.11.21 2016가단5026
유체동산인도 등
Text

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

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

Reasons

1. Determination as to the cause of claim

A. On March 2016, the Plaintiff’s summary of the Plaintiff’s assertion: (a) leased the building C and 401 (hereinafter “instant 401”) from the Defendant on racing-si (hereinafter “instant 401”); and (b) paid KRW 4 million to the Defendant at the time of concluding the said lease agreement.

However, after being detained on May 2016 by the Plaintiff, the Defendant did not return the said deposit and each of the movables listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant movables”), and the Defendant is obligated to pay the Plaintiff KRW 4 million as a lessee under the instant lease agreement, and deliver each of the instant movables in possession to the Plaintiff.

B. In light of the judgment, the evidence presented by the Plaintiff alone is insufficient to acknowledge that the Defendant was a lessor of the above lease agreement, or that the Defendant possessed each of the instant movables, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the overall purport of the statements and arguments in Eul evidence Nos. 1 through 7 (including the number of pages) and the whole purport of the arguments, the plaintiff leased the lease No. 4. 4 million won, monthly rent of 1.3 million won, monthly rent of 1.3 million won, and without setting the lease term, from the first police officer of early March 2016, the plaintiff was arrested in the investigative agency on May 10, 2016 and detained on the ground of fraud, etc.

Therefore, the defendant's objection.

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