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(영문) 의정부지방법원 2017.07.25 2015가단104893
유체동산인도
Text

1. The defendant shall deliver to the plaintiff each movable property listed in the separate sheet.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Judgment as to the primary cause of claim

A. The Plaintiff’s assertion 1) On November 3, 2013, the two weeks of November 3, 2013, the Plaintiff indicated each movable property indicated in the separate sheet (hereinafter “instant movable property”) between the Defendant’s father, who jointly operates D (representative: the Defendant) with the Defendant’s father, and E.

3,200,000 won per month of rent (hereinafter referred to as “instant lease agreement”)

(2) The Defendant, as a co-operator of E and D, delivered the instant movable property to E, and accordingly, delivered the instant movable property to the Plaintiff. Since E and D paid KRW 3,200,000 per month from November 2013 to June 2014, but did not pay the following money, the Defendant, as a co-operator of E and D, shall deliver the instant movable property to the Plaintiff, and shall pay the Plaintiff the overdue rent of KRW 28,80,000, and the delay damages thereof, calculated at the rate of KRW 3,20,00 per month until transferring the instant movable property.

3) Even if the above two responsibilities are not acknowledged to the Defendant, the Defendant is liable to the Defendant as E’s heir. (b) Determination 1) The Plaintiff asserted that the Defendant jointly operated D with the Defendant, and thus, jointly and severally with the Defendant, the Defendant is liable under the instant lease agreement. As such, according to the respective descriptions of evidence Nos. 4-1 through 4, and Nos. 1 through 5, 200, and 30,000 won from E and the Defendant on December 23, 2013, and 230,000 won on December 26, 2013, and 20,000,000 won on January 16, 2014, and 200,000 won on July 30, 2014, the fact that the Plaintiff received the above 1,300,000 won on an aggregate over 23 occasions, but is recognized as constituting the facts and the above facts.

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