1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. In the first instance trial, the Plaintiff filed a claim for the delivery of the movable property indicated in the separate sheet, and the conjunctive claim for the return of unjust enrichment due to the disposal of the said movable property without permission, and the first instance court dismissed the primary claim and rendered a judgment citing part of the conjunctive claim.

The scope of the trial of this court is limited to the part against the defendant among the plaintiff's conjunctive claims.

On the other hand, the plaintiff added the claim for damages arising from the tort in addition to the claim for return of unjust enrichment claimed in the first instance as to the conjunctive claim in this court.

2. Basic facts

A. On June 19, 2017, which was prior to the filing of the instant lawsuit, the Plaintiff received a decision on commencing rehabilitation procedures by the Changwon District Court 2017 Ma10022, and the said custodian was appointed as a custodian and filed the instant lawsuit. On September 24, 2019, the Plaintiff taken over the instant lawsuit following the completion of the Plaintiff’s rehabilitation procedures.

(hereinafter referred to as the "Plaintiff" is not classified before and after the commencement and completion of rehabilitation procedures.

On August 31, 2016, the Plaintiff entered into a steel purchase contract with F Co., Ltd. (hereinafter referred to as “F”) under which F would supply steel products in accordance with the order form set by the Plaintiff (e.g., conditional contract for quantity; hereinafter referred to as “instant steel purchase contract”).

C. On September 7, 2016, the Plaintiff entered into a goods supply contract with D (hereinafter “instant goods supply contract”) with the content that if the Plaintiff supplies private supply materials to D, D would process them and make and deliver them (hereinafter “the instant goods supply contract”).

Article 16: 16-1D shall maintain and manage the Plaintiff's private supply materials and loans as a good manager, and shall manage them separately from D's assets.