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(영문) 의정부지방법원 고양지원 2018.06.20 2017가단16719
동산인도 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion from around 2009 to March 31, 2017, leased Pallets owned by the Plaintiff to Cyet Co., Ltd and Cyyang Co., Ltd., and Samyang Co., Ltd., Ltd. and Samyang Co., Ltd., Ltd. supplied raw materials or products ordered by the Defendant from September 17, 2009 to August 31, 2017. The amount of Pyets is 9,137.

Since the Defendant moved to the outside 3,051 of them, and the Plaintiff recovered 4,863 of them, the Defendant must possess 1,223 of them as shown in the attached list.

Since the Defendant without any title possesses 1,223 paths owned by the Plaintiff, the Defendant is obligated to deliver the said paths to the Plaintiff, and if the execution of delivery is impossible, 41,439 won per paths shall be paid for each path.

2. Each of the records in Gap evidence Nos. 3-1, 2, 3, and 4-1, 223 as shown in the separate sheet by the defendant.

It is not sufficient to recognize that a contractual relationship has been established to deliver it to the Plaintiff or to the Plaintiff, and there is no other evidence to prove it.

Rather, according to the overall purport of the statements and arguments stated in Eul 1 and 2, the defendant can recognize the fact that the defendant was in charge of transporting raw materials or products at the request of Samyang Co., Ltd. and Samyang Co., Ltd., Ltd., and therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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