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(영문) 전주지방법원 2018.06.21 2017나11554
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

The Plaintiff, while carrying out a joint project with C around April 2015, transferred 3 forms of molds 2, 3 forms of pulvers, 1 unit pulvers, 1 unit, 1 unit pulvers, 1 unit pulvers (hereinafter “culvers pulvers, etc.”) owned by the Plaintiff to a factory in Jeonbuk-gun, Jeonbuk-gun.

However, the plaintiff, who is under the progress of the business, renounced the business and temporarily stored the above machinery to C.

Since then C sold to the Defendant three of the three types of minculized scrap metal as if they were their own possession.

On September 29, 2015, when the Plaintiff found the said machinery, the Plaintiff prepared a written confirmation from the Defendant and C as follows (hereinafter “instant written confirmation”).

The defendant confirms that the 3rd price of molds 1, 2, 300 pulvers purchased from C is the plaintiff's machinery, and C confirms that the above machinery was sold by false means to the defendant.

Since then, C shall compensate the defendant for the above machinery, and the defendant shall take over the above machinery to the plaintiff.

At present, three studio 2 pulvers are in the E plant which is given a string.

[Grounds for recognition] The plaintiff's assertion of the purport of Gap's evidence 1 and the whole argument as to the purport of the plaintiff's argument was prepared with the confirmation of the plaintiff's possession and the confirmation of the plaintiff's possession, so the plaintiff should have disposed of the above machine after paying the price of the goods to the plaintiff.

Nevertheless, the defendant arbitrarily disposed of the above machinery owned by the plaintiff, and the plaintiff is liable to compensate the 21,350,000 won (i.e., purchase price of 30,500,000 x 70%) which is 70% of the purchase price of the above machinery due to tort.

Judgment

Whether the plaintiff's ownership is recognized for the three cases of the first half of the molds powder 2, there is no dispute between the parties in terms of the three cases of the first half of the molds 2, the second half of the molds 3.

However, the defendant's letter of confirmation of this case "the defendant is pulverized in two forms of molds that he purchased from C.

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