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(영문) 창원지방법원 2014.12.24 2014나7982
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The first instance court accepted the Plaintiff’s claim as to each movable set forth in Nos. 3 and 4 of the [Attachment] list among the claims, and dismissed the claim as to each movable set forth in Nos. 1, 2 and 5 of the same list.

Therefore, since only the plaintiff appealed against the judgment of the court of first instance, the scope of the judgment of this court is limited to each part of the movable property in the attached list 1, 2, and 5 of the plaintiff's claim.

2. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. In light of the circumstances, etc. that are not included in the sale and purchase contract (Evidence B No. 5) attached to the Plaintiff and the M&T industry, each of the above movables appears to have been excluded from the goods purchased from MT industry, or that each of the above movables was recognized by the Plaintiff itself as belonging to the attached goods or accessories of the factory building of this case. Thus, the Plaintiff’s claim of this case under the premise that each of the above movables owned by the Plaintiff does not fall under the attached goods or accessories of the factory building of this case.

4. The judgment of the court of first instance is just, and the plaintiff's appeal is without merit, and it is dismissed as per Disposition.

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