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(영문) 대전지방법원 2015.06.09 2014나17891
물품대금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

Basic facts are as follows: (a) while the Plaintiff made a disposition by C while keeping the vegetation harvested in 2012 in the digging speed, the Plaintiff moved it from July 1, 2013 to E located in Seosan-si operated by C, Seosan-si, which is operated by C, and was performing sorting and packing work, left in E (hereinafter “the instant vegetation”).

C Deceased on July 3, 2013, the Defendant died, and on July 3, 2013, the Defendant loaded the instant lectures to the truck before E.

At the time of July 3, 2013, the market price of the instant lecture was KRW 110,00 per 20km, and KRW 20,400,000 per 20 km, in total (i.e., KRW 110,000 x 160 x 85 million).

【In the absence of any dispute, the Plaintiff’s summary of the Plaintiff’s assertion as to the existence of each description of Gap’s evidence Nos. 1, 2, and 3 (including the paper number), and the cause of the entire pleadings, is the Plaintiff’s assertion in E, but the Plaintiff did not receive a certificate of deposit from Eul or undergo an examination from E employees, but did not have any transaction yet.

Therefore, before transferring the ownership of the instant lecture to E, the said lecture was kept in custody. Since the Defendant brought it at will, thereby infringing on the Plaintiff’s ownership of the instant lecture, the Plaintiff is liable to compensate the Plaintiff for damages equivalent to the cost of the instant lecture due to tort.

The summary of the defendant's assertion is that the defendant transferred the price of the lecture to C and obtained confirmation from the E generalF and brought the instant lecture to C, and it did not infringe on the plaintiff's ownership by intention or negligence.

In full view of the following facts: (a) the Plaintiff transferred his/her life in E from July 1, 2013 to July 3, 2013; and (b) the Defendant brought his/her life in this case to the Defendant on July 3, 2013; and (c) the general manager of the E, on July 3, 2013, on the basis of the purport of the entire pleadings, taking account of the following: (a) the Plaintiff transferred his/her life in E from July 1, 2013 to the witness F of the first instance trial.

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