Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. At around 2010, the Plaintiff, who was employed as a pastor of the “Chovas Association”, was first sent the Defendant, who was a believers of the Draids Association, to the extent that there was a marriage story between the two parties.
B. Among them, on February 2013, the Defendant received all of the office equipment and fixtures from the Plaintiff during the instant period, and transferred them to the Diplomatic Distribution.
C. After that occurrence between the Plaintiff and the Defendant, the Plaintiff recovered the above office fixtures and fixtures, etc., which were taken on February 2, 2014, and the Plaintiff was unable to recover some of the equipment, such as Mmmmix fixtures (hereinafter “instant equipment”).
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff asserts that the plaintiff is liable to return the goods of this case on behalf of the plaintiff, since the defendant brought all the goods of the C church, such as the goods of this case, on the premise of marriage with the plaintiff, but did not return the goods of this case after marriage with the plaintiff. Thus, the plaintiff asserts that he is liable to return the amount equivalent to the purchase price of the goods of this case on behalf of the plaintiff. The defendant seeks payment of KRW 10 million against the defendant
In this regard, the defendant asserted that the plaintiff's refusal of the Cridge operation had been given free of charge to the defendant the equipment of this case, which had been left alone while the plaintiff discontinued its operation, and that he unilaterally recovered part of the defendant's absence, and that he claimed the plaintiff's claim.
B. In the instant case where there is no dispute over the fact that the equipment, etc. of this case was delivered to the Defendant upon the Plaintiff’s own initiative, the Plaintiff should prove that it was delivered to the Defendant on the condition or premise of marriage of the original Defendant. It is not sufficient to recognize the content of the evidence No. 1, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's status.