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(영문) 부산지방법원 2019.09.05 2019나40208
유체동산인도
Text

1. The defendant's appeal is dismissed.

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

3.A judgment of the court of first instance shall be in annexed Form.

Reasons

1. The plaintiff is a corporation operating the business of manufacturing fishing gear, and the defendant is a personal business operator engaged in the business of manufacturing fishing nets with the trade name called "C," and the plaintiff supplied the fishing nets from 2006 to 201 to the defendant and supplied the fishing nets with a reduction in the open space (bobin, a stalm stalm stalm stalm stalm stalm stalm stalm stalm stalm stalm stalm stalm stalm).

2. The assertion and judgment

A. The gist of the parties’ assertion is that the Plaintiff seeks delivery and compensatory damages for the failure of the Defendant’s failure to return 29,893 (i.e., the attached Form No. 14,385, and the attached Form No. 2, 15,478).

In regard to this, the Defendant asserted that the Plaintiff’s return of Bobanes for the convenience of the Plaintiff during the transaction period did not have agreed to return Bobanes, and that the number of Bobanes asserted by the Plaintiff cannot be recognized.

B. Determination 1) According to the records in the Evidence Nos. 2 and 20 as to whether the Defendant owes the obligation to return the margin to the Plaintiff, the Plaintiff and the Defendant drafted a sales contract with the Defendant on January 4, 2006, which is the Defendant’s wife and the employee in charge of the supply of the fish nets with the Plaintiff, at the time of commencing the transaction of supply of the fish nets. However, the above contract includes the provision that “the number of the low margin supplied like the fish nets shall be verified by both companies and the buyer shall return it to the seller within 90 days. If the return is not made within the prescribed period, the buyer shall compensate the seller in cash at 800 won.” D’s statement on January 9, 2006 that “No. 7,843 items supplied by the Plaintiff on January 5, 2006 shall be returned to the Plaintiff until April 10, 2006, and only 80 U.S. dollars shall be returned to the Plaintiff.

3.2

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