beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 2, 2010, the Plaintiff, the Defendant, and the Korea Workers’ Compensation and Welfare Service (hereinafter “instant building”) leased the cafeteria building (hereinafter “instant building”) to the Korea Workers’ Compensation and Welfare Service, and the Korea Workers’ Compensation and Welfare Service concluded a lease agreement that entrusts the Plaintiff with the right to benefit from use (hereinafter “instant lease agreement”). From November 5, 2010 to November 4, 2012, the lease deposit was set at KRW 80,000,000.
B. In concluding the above lease agreement, the Plaintiff and the Defendant separately concluded a contract under which the Plaintiff pays facility costs and rents to the Defendant (hereinafter “the instant separate contract”), and the said contract stipulates that “10,000,000 won shall be paid in lump sum and the monthly rent shall be deposited KRW 1,00,000 on April of each month.”
C. On November 9, 2010, the Plaintiff paid KRW 10,000,00 as the facility cost. On January 3, 2013, the Plaintiff, the Defendant, and the Korea Workers’ Compensation and Welfare Service concluded a renewal contract with the content that the said lease was extended by one year on January 3, 2013.
On May 2014, the Defendant filed a complaint with the Plaintiff to the effect that “the Plaintiff stolen the machines, such as oil shock cases, etc. (hereinafter “instant machines”) owned by the Defendant at retail stores, which are the affiliated buildings of the instant building, at early November 2010.” The Cheongju District Prosecutors’ Office prosecuted the Plaintiff as larceny for the same purpose on August 25, 2014.
E. On May 8, 2015, Cheongju District Court Decision Cheongju Branch may not exclude the possibility that the Plaintiff acquired ownership of the instant machinery owned by the Defendant at the time of the instant separate contract, in light of the indication of “leased object” and “use” column of “use” of the instant separate contract, and the indication of “use” and “use” column of “use”, and the amount of facility costs, etc.