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(영문) 청주지방법원충주지원 2019.09.06 2019가단22350
유체동산인도
Text

1. The defendant shall be the plaintiff.

A. A. To deliver the corporeal movables listed in the separate sheet, and to the corporeal movables listed in the separate sheet.

Reasons

1. The indication and dismissal of the claim are as shown in the annexed Form “the cause of the claim”.

However, in a case where a creditor files a lawsuit by combining the claim for compensatory damages instead of the claim for benefits, on the premise that the claim for benefits exists, and where a claim for compensatory damages is filed in advance in preparation for a case where performance is impossible before the judgment becomes final and conclusive or where execution is impossible after the judgment becomes final and conclusive, the consolidation between the claims for benefits and future payment claims shall be permitted at present, and in this case, the amount of the subject matter shall be calculated on the basis of the price of the original benefits at the time of the closing of argument at the fact-finding court (see, e.g., Supreme Court Decisions 75Da450, Jul. 22, 1975; 201Da3066, 30673, Aug. 18, 201); and Article 257(1) of the Civil Procedure Act, the value at the time of the pronouncement of the instant non-litigation corporeal movables as indicated in the attached list is recognized as the cause for 1.9 million won in preparation for corporeal movables.

However, the plaintiff claimed damages for delay against the above compensatory damages, but since the above compensatory damages have not yet arrived at the due date, it cannot be accepted unless there are special circumstances.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

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