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(영문) 인천지방법원부천지원 2015.06.02 2014가단32030
유체동산인도 등
Text

1. The Defendant shall pay to the Plaintiff KRW 10,00,000 as well as 20% per annum from June 3, 2015 to the day of complete payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1, Gap evidence 9 to 12, Eul evidence 16-1, Eul evidence 4-1, and Eul evidence 4-2:

On March 19, 2012, the Plaintiff leased C all of the facilities in a factory, including corporeal movables listed in the attached list (hereinafter “instant corporeal movables”) to C, with a period of one year from the date of a lease contract, at KRW 1,000,000, and one year from the date of lease.

B. C, around January 29, 2013, at the time of the use of the instant corporeal movables as the production facilities for oil in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, which it operated, established a manufacturing company of edible species F, a stock company, by making the said Incheon Bupyeong-gu D as its principal office.

On the other hand, at the time of the establishment of FF, the Defendant, as C, was registered as an internal director on the registry, and resigned on May 2, 2013.

C. When C is bound by the crime of violating the Food Sanitation Act on June 2013, the Defendant leased the facilities remaining in the F factory at the time of the above F factory at Kimpo-si, a factory located in G at Kimpo-si, and sold the facilities owned by the Plaintiff among the relocated facilities, to a medium enterprise, and disposed of the sales price for the instant facilities, the rent for the factory, monthly wage for employees, etc.

The defendant has registered the business with the trade name of “H” in the above Kimpo-si G and runs the business of manufacturing edible products.

E. On November 20, 2014, the Defendant delivered to the Plaintiff the remainder of the instant corporeal movables, excluding 1 set of 1 sets of heat treatment tanks, 1 sets of instant corporeal movables, and 1 set of 4 sets of instant corporeal movables.

2. The plaintiff's assertion

A. During the possession of the instant corporeal movables owned by the Plaintiff, the Defendant disposed of one set of four straws, 1 straws, 1 straws, heat treatment tank 1 straws, and 1 straws, without the Plaintiff’s consent, with the Plaintiff’s total damages therefrom 18,700.

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