1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

The Plaintiff asserted by the parties that the Plaintiff purchased and used the instant machinery (hereinafter “instant machinery”) from the T&C Co., Ltd., and carried the said machinery to the Defendant’s factory for repair while using it.

The defendant shall return the instant machinery, the repair of which has been completed, to the plaintiff who is the owner.

The instant machinery that the Defendant sought to return was not produced by the Plaintiff, but produced by the Defendant itself irrespective of the Plaintiff.

Therefore, the plaintiff's claim is improper.

Judgment

Considering the following circumstances recognized by the respective descriptions of Gap evidence 6, 8, and 10 (including each number), and by the witness C's testimony and the entire purport of pleading, the machinery of this case kept by the defendant is deemed to be owned by the plaintiff.

① Examining each electronic tax invoice, machinery and apparatus, and structure appraisal list submitted by the Plaintiff, the Plaintiff paid the price of the instant machinery to the Alternative F&C, and the said machinery appears to have been possessed by the Plaintiff’s assets.

② From August 2014 to June 2016, C and D, the representative director of the Plaintiff and the Defendant, and D, the management agent of the Plaintiff, drafted a written agreement related to the Plaintiff’s business on July 23, 2015, and Paragraph (8) of the said agreement states, “The Plaintiff shall enter it into a liquor factory as soon as possible by cooperating with the Plaintiff to accept the Rorocb Slb Slb Slb Slbs that the Plaintiff requested to manufacture as an alternative T&C.”

This is consistent with the plaintiff's assertion that the plaintiff entrusted the machinery of this case to the defendant's factory, and its credibility can be recognized as being prepared by the defendant's representative director.

③ The Defendant currently keeps the instant machines.

The defendant asserts that the above machinery was manufactured by himself, and the tax invoice and the deposit certificate, etc. shall be used as evidence.