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(영문) 수원지방법원 2018.06.22 2017가단527878
손해배상(기)
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On September 19, 2016, the Plaintiff is a corporation that mainly engages in manufacturing and selling motion control products and systems, precision equipment, and precision machinery, etc. into a subsidiary company in the Republic of Korea located in Taiwan (hereinafter “E head office”). The Plaintiff is a corporation that mainly engages in manufacturing and selling motion control products and systems, precision equipment, and precision machinery, etc.

B. On January 31, 2017, the Defendant’s employees had the goods indicated in the separate sheet (hereinafter “instant goods”) kept by the Plaintiff at the place of business operated by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. In the Plaintiff’s assertion, the goods of this case were properly purchased from C or F, the real owner of the goods of this case. The Plaintiff is the real owner of the goods of this case. If the Defendant proves that the Plaintiff is the real owner of the goods of this case, the Plaintiff would return the goods of this case if it is proved that the Plaintiff is the real owner of the goods of this case, and did not return the goods of this case. Thus, the Defendant is liable to pay to the Plaintiff the total market value of the goods of this case and damages for delay.

Preliminaryly, the Defendant is obligated to deliver the instant goods to the Plaintiff, the genuine owner of the instant goods, and to pay the total market value of the goods that cannot be enforced if compulsory execution is impossible.

B. The Plaintiff’s primary and conjunctive arguments are premised on whether the Plaintiff is the genuine owner of the instant goods, since the Plaintiff is the genuine owner of the instant goods from C or F, which is the genuine owner of the instant goods.

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