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(영문) 서울동부지방법원 2016.05.31 2015가단45056
동산인도 등
Text

1. The defendant

(a) deliver movable property listed in the separate sheet;

B. From November 19, 2014, the above A

subsection (b).

Reasons

1. Determination on the cause of the claim

A. In full view of the overall purport of the pleadings in evidence Nos. 1 through 7, the Plaintiff is a logistics machinery leasing company that leases standardized pat (to store, keep, and transport goods on a certain size and unit). The Defendant is a principal business operator; the pawt owned by the Plaintiff entered the same phrase as the attached article No. 4; the Defendant occupies and uses the pat in the attached article No. 4 of the movable property list owned by the Plaintiff (hereinafter “instant pat”); the rent of the instant patt was KRW 50 won/day per sheet; the Plaintiff was against the Defendant on November 5, 2014, Seoul East District Court Decision No. 2014Ka603, May 1, 2014; and the provisional disposition of this case was executed on November 19, 2014.

B. Therefore, the Defendant, barring special circumstances, has the duty to deliver the instant soft to the Plaintiff, the owner of the instant soft, and to pay, as sought by the Plaintiff, the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 2,000 (50 won x 40) per day from November 19, 2014, where the prohibition of possession and transfer of corporeal movables in the instant soft was enforced until the completion of delivery of the instant soft.

2. The defendant's assertion and judgment

A. As to this, the Defendant traded in a way that he delivers printed materials to the customer by reading them in standardized specifications, and receives a certain amount of other pat from the customer, and in this process, he possessed the instant pat in possession of the Plaintiff’s instant pat by mixing it with pat. Thus, the Defendant properly acquired the ownership of the instant pat in accordance with the aforementioned transaction method, and thus, he can respond to the Plaintiff’s claim.

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