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(영문) 의정부지방법원고양지원 2019.10.25 2019가단1551
동산인도 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff leased a plastic set of plastic materials to a business entity called “D” (hereinafter “D”), which is used for logistics transportation. D supplied the goods to the Defendant, and delivered 53 pieces, size, and color 53 as indicated in the attached list, along with the delivery of the goods to the Defendant.

However, since the Plaintiff recovered only 447 of the above Plet 553, the Plaintiff eventually appears to have remaining 86 Plet 86 (=53 - 447) listed in the attached list. Thus, the Plaintiff, based on the ownership, demanded the Defendant to deliver 86 Plet 86 and demanded the Defendant to be subject to compulsory execution.

2. The evidence No. 4 was prepared on its own by the Plaintiff’s own account with D, its customer, and it is insufficient to acknowledge that the Defendant possessed 86 paths listed in the separate sheet owned by the Plaintiff even if the Plaintiff was examined together with reference materials submitted by the Plaintiff after the closing of argument in the instant case, and there is no other sufficient evidence to acknowledge otherwise.

Therefore, the plaintiff's claim is without merit for further examination.

3. The plaintiff's claim is dismissed.

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