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(영문) 서울북부지방법원 2015.02.06 2014가단8995
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 15, 2014, the enforcement officer of the Seoul Central District Court rendered a real estate delivery execution (Seoul Central District Court 2013No7729) on the first floor of the Seoul Gangnam-gu DD Building underground, which was possessed by B and C according to the delegation by the LA (hereinafter referred to as “A”), with respect to the “Eudio lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum lum

B. On April 14, 2014, with the Defendant on the same day, A entered into a storage consignment agreement (hereinafter “instant agreement”) with the Defendant, setting the storage payment amount of KRW 6 million in advance, transportation cost, and the upper and lower cost of KRW 5 million (hereinafter “instant agreement”), and the Defendant kept the said amount in G warehouse located in the Guri-si.

C. On February 5, 2014, the Defendant delivered the instant goods to Nonparty H.

[Reasons for Recognition] Facts without any dispute, Gap's 1, 2, Eul's 3, the purport of the whole pleadings and arguments

2. Judgment on the plaintiff's assertion

A. The Plaintiff is the owner of the instant article, and the Defendant incurred loss to the Plaintiff by delivering the instant article to another person without the consent of the custodian A. Therefore, the Defendant is obligated to pay the Plaintiff the amount equivalent to the market price of the instant article and the delay damages.

B. The Defendant’s testimony and witness I’s testimony, consistent with the Plaintiff’s assertion that the Defendant did not obtain A’s consent when delivering the instant product to H, are difficult to believe.

Rather, comprehensively taking account of the written evidence Nos. 1-4 and the witness J’s testimony, the J, a person responsible for the Defendant’s side of the conclusion of the instant contract, is present at the time of the enforcement of the transfer of the said real estate on February 4, 2014.

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