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Of the part against the plaintiff in the judgment of the court below, it is stated in Nos. 136, 137, 1485, and 1486.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Plaintiff’s ground of appeal
A. In a lawsuit for performance that aims to specify the specific subject matter as to the misapprehension of legal principles as to the specification of the claim, whether the plaintiff claims to specify the subject matter should be determined by the whole process of pleadings as well as the written claim for correction.
(2) According to the reasoning of the lower judgment, the lower court determined that the part requesting the delivery of the instant other goods is unlawful on the grounds that: (a) the items indicated in [Attachment 136] Nos. 136, 137, 1485, and 1486 (hereinafter “the other goods of this case”) are indicated only as “E.t.C”; and (b) the subsequent amounts are indicated as “257 points, 193, 193, 193, and 251 points”; (c) it is impossible to clearly specify them; and (d) the lower court determined that the part of the other goods of this case was confiscated or returned to the Plaintiff, and that it cannot be identified separately from the remaining goods.
However, the record reveals the following circumstances.
1) The other articles of this case are 2,749 points 2,749 points (Seoul Central District Prosecutor's Office No. 2003 voltage No. 1581, hereinafter "the seized articles of this case") seized in the form of voluntary submission by the Plaintiff in a video lending store operated by the Plaintiff by an investigative agency on charges of violating the former Sound Records, Video Products and Game Software Act.
2) The Seoul Central District Prosecutors' Office (hereinafter "the Seoul Central District Prosecutors' Office") was partially 894 points, and all of them were stored in the form of video oactc, Vcd. The Seoul Central District Prosecutors' Office (hereinafter "VO") after seizure, with respect to the seized articles in this case, the title, quantity, type of storage media, and video od.