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(영문) 서울북부지방법원 2019.09.17 2018가단101731
물품인도 청구의 소
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Comprehensively taking account of the overall purport of the pleadings as to the statement in Gap evidence No. 1, the plaintiff and the defendant concluded a partnership agreement on the lease of video equipment from around 2014 to operate the lease business of video equipment, and entered into a verbal agreement with each other in the latter part of 2016 to accept the plaintiff's proposal for the liquidation of the partnership relationship between the business and enter into the oral agreement at KRW 80 million. On November 15, 2016, the plaintiff remitted the above settlement of accounts to the defendant on November 15, 2016. On the same day, the fact that the plaintiff transferred the above settlement of accounts to the defendant of KRW 80 million from the defendant to the defendant on the same day is recognized.

2. The allegations by the parties are as follows: ① 25,104,00 won (the Plaintiff’s payment of KRW 80,000 to the Defendant in accordance with the settlement agreement following the termination of the agreement on the lease of image equipment between the Plaintiff and the Defendant) shall be the aggregate of equipment costs not delivered by the Defendant in violation of the agreement on the settlement of accounts: ① 2,90,000 won (12,490,000 won (LD CTR 600,000 won) ② 1,50,00 won (LD CTR 300,60,000 won) (4), 964,00 won (64,000 won for work in the field) (including the payment of KRW 1,610,000,000 to the Defendant) and KRW 860,000,000 won (including the calculation of unjust enrichment of KRW 75,2754,750,000)

In this regard, the defendant, as a counterclaim, seek payment of KRW 50 million according to the settlement of the partnership relationship with the plaintiff and the defendant.

3. Determination

A. Of the main claim, the part concerning the claim for the cost of equipment not delivered by the Defendant, ① the video equipment transferred by the Plaintiff from the Defendant reaches KRW 130 million (the Plaintiff’s police statement on January 12, 2017), ② at the time of delivery of the aforementioned video equipment, the Defendant requested the Plaintiff to possess the general event equipment to continue its business after the completion of the said business.

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