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(영문) 부산지방법원 2015.07.23 2014가단222738
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the claim

A. The summary of the Plaintiff’s claim (1) entered into a lease agreement with D on July 20, 2008, under which the Plaintiff entered into a lease agreement with D on a deposit of KRW 116 and 117, monthly rent of KRW 1,400,000, and one year for lease, and operated a beauty room at the same place.

(2) Around March 2013, the Defendants received the cosmetic from the Plaintiff, and subsequently settled approximately KRW 30 million, including all the facilities and collection expenses of the cosmetic, and Defendant B operated the cosmetic in the name of Defendant C.

(3) Under the foregoing conditions, the Defendants were either incinerated or damaged without the Plaintiff’s consent or consent while keeping and managing an amount equivalent to KRW 17,631,800 in total of 24 kinds of goods related to the beauty art room listed in the attached Table owned by the Plaintiff, and thus, the Defendants are jointly and severally liable to pay to the Plaintiff the amount claimed.

B. The evidence submitted by the Plaintiff alone is insufficient to deem that the Defendants acquired the above beauty art room with the content of the Plaintiff’s assertion. Moreover, there is insufficient evidence to deem that the Defendants stored the above goods on behalf of the Plaintiff and incinerated or damaged them, and there is no other obvious evidence to prove otherwise.

2. According to the conclusion, the Plaintiff’s claim is dismissed as it is without merit.

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