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(영문) 서울고등법원 2016.04.07 2012나34049
자동차인도 등
Text

The plaintiff's appeal and additional claims are all dismissed.

costs of lawsuit after an appeal are filed.

Reasons

Basic Facts

On October 15, 2005, when the bus of this case was damaged or damaged due to an accident while the bus was operated by entering Korea Korea Ltd. but the bus listed in the separate sheet (hereinafter “the bus of this case”) into a tourism, the Plaintiff agreed that the part necessary for the repair shall be supplied by the Plaintiff, and the repair shall be 6,000,000 won, when requesting the repair of the bus of this case to the Defendant on November 8, 2005.

By November 30, 2005, C, a parts of the bus repair business, supplied 6,79,900 won for the bus repair at the Defendant’s business place, which had been conducting the repair business of the bus under the supervision or direction of the Plaintiff, through personnel D.

On December 2, 2005, the Plaintiff paid KRW 6,000,000 to the Defendant for repair services for the instant bus. On December 23, 2005, the Plaintiff deposited KRW 1,000,000 as part payment for repair services for the instant bus with the depositer under the Kuwon District Court Sung-nam Branch of the Suwon District Court in 2008 gold No. 5266, Dec. 23, 2005.

Meanwhile, the plaintiff asserted that the defendant refused to deliver the bus of this case and illegally possessed the bus of this case despite full payment of the repair work and the cost of parts for the bus of this case, and filed a claim against the defendant for payment of the amount of 10,000,000 won due to the delivery of the bus of this case, ② the delivery of the bus of this case, ② the market price decline of 10,000,000 won due to the replacement of the front part of the bus of this case at will, ③ the defendant's illegal possession from December 3, 2005 to December 22, 2005, with the amount of 8,780,000 won (one day 439,000 won) and the amount of 439,000 won per day until the completion of delivery of the bus of this case, and thereafter, the defendant filed a claim for the payment of the expenses of this case with the Suwon District Court 2016,136,16,500

3.2

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