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(영문) 창원지방법원 2015.02.11 2014나2956
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part concerning the counterclaim is revoked, and the defendant-Counterclaim plaintiff's counterclaim is dismissed.

2...

Reasons

1. The court of first instance cited the Plaintiff’s claim for return of unjust enrichment due to the Plaintiff’s refusal of return of the voltage period, and dismissed the part of the claim for return of unjust enrichment due to the Plaintiff’s refusal of return of the pump of this case. Accordingly, since only the Plaintiff appealed on the part of the first instance court against which the Plaintiff lost, the scope of the trial of this court as to the principal claim is limited to the claim for return of unjust enrichment related to the pertinent pump

2. Basic facts

A. On March 4, 2011, the Plaintiff purchased from the Defendant the factory site, buildings, ancillary facilities, machinery equipment, and business rights located in Gyeongsung-gun located in Gyeongnam-gun for KRW 2 billion.

(hereinafter referred to as “instant contract”). (b)

The list of equipment, machinery, and equipment attached to the instant contract (hereinafter referred to as the “asset list”) includes seven pumps such as the following list (hereinafter referred to as the “stock list”).

CUMP 145 million won as indicated in the on-site list 2010,000 J high temperature pumps 125 million won as stated in the 2 J high temperature pumps 2010 B B, 2009 KRW 125 million, 2009 KRW 4 LUMP 145 million, 2010,000 KRW 5 MUP 145 million as indicated in the on-site list of 2010 Samsung 2010, KRW 2010.

C. On April 1, 2011, the Plaintiff completed the acquisition of the above factory and business from the Defendant. D.

The Defendant placed the instant pumps at the Defendant’s workplace, and the Plaintiff asserted that the Defendant brought the instant pumps to the Plaintiff without permission, despite the fact that the instant pumps were reverted to the Plaintiff under the instant contract, and demanded the Defendant to deliver the instant pumps. The Defendant rejected the Plaintiff’s request on the ground that the instant pumps were not subject to delivery under the instant contract.

E. The defendant representative director O was suspected of theft of the pumps of this case at the D site in the North Gunsan (hereinafter referred to as the "Gunsan site") and the investigation agency.

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