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(영문) 대구지방법원영덕지원 2015.12.17 2015가합47

보상금

Text

1. The Defendant’s KRW 27,725,820 as well as the Plaintiff’s annual rate of KRW 5% from June 24, 2015 to December 17, 2015.

Reasons

1. Facts of recognition;

A. On July 17, 2014, the Defendant: (a) leased training leading coal equivalent to KRW 818,213,000 from the Navy headquarters (hereinafter “instant training coal”); and (b) used it for the test training of Magman on or around August 5, 2014; and (c) took care of it.

B. On September 4, 2014, the Plaintiff discovered the instant training field at the sea of the bathing beach located in the area of his/her own territory, which was reported to the police.

C. On October 21, 2014, the Defendant paid KRW 5 million to the Plaintiff as compensation.

Article 1 (Measures Taken for Picking Up Articles) (1) of the Regulations on the Lost Articles Act (1) Any person who has taken away articles that have been lost by another person shall promptly return them to the lost person, the owner or other persons who have the right to claim the recovery of articles, or submit them to the police station (including the police agency to which such person belongs, such as the police station, police station,

A person who receives a refund of goods under Article 4 shall pay compensation to the Findingr within the scope of not less than 5/100 but not more than 20/100 of the value of the goods.

[Ground of recognition] Facts without dispute, Gap 1 to 7 evidence (including each number), witness B's testimony, fact-finding inquiry and reply to the naval fleet of this court, the purport of the whole pleadings

2. Determination as to the cause of claim

A. Since the Plaintiff, which caused the Plaintiff’s claim, acquired the instant drill, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 158,642,60, and damages for delay, after deducting KRW 5 million already paid, out of KRW 163,642,60, equivalent to 20% of the value of the instant drill, pursuant to Article 4 of the Lost Articles Act, which is 818,213,00 won.

B. According to the above facts of recognition, the Defendant is obligated to pay compensation under Article 4 of the Lost Articles Act to the Plaintiff who found the instant trained. 2) Furthermore, we examine the amount of compensation to be paid by the Plaintiff.

(a).