(영문) 수원지방법원 2017.01.12 2015가단53779

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(영문) 수원지방법원 2017.01.12 2015가단53779

동산소유권확인

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1. The defendant shall deliver to the plaintiff 500 copies of processed d's d's d' in Seosan-si.

2. The costs of lawsuit shall be.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that KRW 50,000,000 should be paid, and purchased KRW 500 from E, and if sold after the Defendant’s processing, the Defendant would pay the sales allowance to the Defendant.

Since the defendant refuses to return the processed garments while keeping them in the place specified in Paragraph (1) of this Article, he/she seeks to deliver them.

B. The Defendant’s argument that the Defendant lent KRW 50,000,000 from the Plaintiff to purchase salt farms and stored them in the Plaintiff’s warehouse and processed them. As such, the processed sludge is owned by the Defendant.

2. In full view of the following facts and circumstances acknowledged by the purport of the entire pleadings in the testimony of Gap 1 to 5, the witness F, and witness E, there is no dispute between the parties to the judgment, or in full view of the following facts and circumstances, the plaintiff is deemed to be the owner of the ground for appeal as referred to in paragraph (1) of this Article (hereinafter "the ground for appeal of this case"). Thus, the defendant is obligated to deliver the instant ground for appeal to the plaintiff.

① Around September 16, 2014, E had 50 finites as the Plaintiff’s factory in the large exhibition G. Around September 16, 2014, E prepared and issued a receipt (Evidence A1) after receiving KRW 50,000,000 as the check issued by the Plaintiff.

In light of the fact that the person who paid the money is a practice to keep the receipt, the plaintiff seems to have paid the money.

② It is recognized that the Plaintiff refused to lend money to the Plaintiff before the Plaintiff paid the money for the payment of the money, but was aware of the Defendant’s economic circumstances at the time of the request.

In this situation, the defendant's assertion that the plaintiff lent KRW 50,000 to the defendant without being provided with special security is difficult to believe.

③ On October 7, 2014, the Defendant confirmed that E sells 300 salted fish, and the Plaintiff paid 50 million won directly to E.

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