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(영문) 광주지방법원 2016.12.09 2015가합54488
물품인도청구의소
Text

1. The defendant shall deliver each of the goods listed in the attached list to the plaintiff.

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

3...

Reasons

1. The plaintiff, which is a documentary judgment as to the cause of the claim, is the owner and the author of each of the items listed in the separate sheet (hereinafter "each of the items of this case"). The defendant is displaying and keeping the items of this case within the hospital of Jeonnam University (hereinafter "the hospital of this case"). There is no dispute between the parties concerned.

According to the above facts of recognition, the defendant is obligated to deliver each of the objects of this case to the plaintiff who is the owner.

2. Judgment on the defendant's defense

A. (1) The Defendant asserts that around September 30, 2009, the goods listed in the [Attachment List 1 (hereinafter “B”) purchased KRW 4.2 million from the Plaintiff via C (hereinafter “C”) or the network D, an artist’s organization (hereinafter “C”) or its secretariat, and that the goods listed in the Attached List 2 (E “E”) were donated from the Plaintiff on October 25, 2008.

(B) Comprehensively taking account of the overall purport of the arguments in each of the evidence Nos. 2 and 4 (including each number), the Defendant decided to purchase “B” through asset acquisition procedures to exhibit to the instant hospital, and paid KRW 4.2 million to C, but the Plaintiff decided to sell the above articles to the Defendant.

there is no evidence that it has granted C or D the right to dispose of the above goods.

The defendant's above assertion is without merit.

Furthermore, as to the assertion that the Defendant received “E” from the Plaintiff, the evidence Nos. 1 and 1 (certificate of work) cannot be used as evidence because there is no evidence to acknowledge the authenticity, and there is no other evidence to acknowledge it. Therefore, the Defendant’s assertion is without merit.

(2) As to the assertion of expression representation, the Defendant, even if the Plaintiff did not grant the Plaintiff the right of representation regarding the disposal of each of the instant goods to the Plaintiff, shall allow the Plaintiff to exhibit each of the instant goods at the instant hospital.

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