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(영문) 대구지방법원 서부지원 2018.02.07 2017가단51553
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) shall deliver to the Defendant (Counterclaim Plaintiff) each movable property indicated in the separate sheet.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 2014, the Plaintiff, along with the Defendant and D, set up a music screen with the “E”, and leased the underground of the building in Daegu-gu Seo-gu to KRW 2 million in the lease deposit, and used it as the practice room of the said music screen (hereinafter “instant practice room”).

B. At the time when the Plaintiff leased the practice room of this case, the Defendant paid 2 million won to the Plaintiff as the security deposit, and thereafter, the Defendant entered the practice room of this case for bareboat activities, etc. from around that time.

C. Meanwhile, during the period of entry into the practice room of this case, the Defendant, with the consent of the Plaintiff, kept each movable property indicated in the separate sheet, which is personal goods owned by the Defendant (hereinafter “instant movable property”) in the practice room of this case.

However, if a dispute arises between the police officer Plaintiff and D on February 2016, the dispute arose between the Plaintiff and the Defendant, which led to the bareboat operation and the withdrawal and settlement of members, and the Plaintiff’s taking out of the bareboat in the instant practice room on February 26, 2016, due to the difference in the position of the case against which the Plaintiff filed a complaint for larceny on March 2, 2016.

In the process, on February 27, 2016, the Defendant changed the password of the locking device attached to the entrance of the above locking room on the ground that the musical instruments located in the practice room of this case were removed, and the Plaintiff destroyed the locking device of the above entrance and replaced it with another locking device on March 4, 2016.

E. On March 16, 2016, the Plaintiff notified the Defendant that “the Defendant’s personal goods will be removed from the practice room of this case by March 21, 2016, by taking into account the series of actions, etc. that the Defendant seen in the process of the dispute as described in the foregoing paragraph (d) and ordering the Defendant to do so.” If it is violated, the Plaintiff notified the Defendant that “the Defendant will collect KRW 6,000 per day as storage fees for goods.”

F. The Defendant on March 19, 2016.

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