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

Purport of claim and appeal

The first instance court.

A. C is a person who runs a mobile phone sales business with the trade name of “D”, and the Plaintiff is a person who operates a mobile phone agency with the trade name of “E”, and the Defendant is a person who operates the pawned Center related to electronic communications equipment with the trade name of “F”.

B. From February 6, 2014 to April 20, 2014, C had the Plaintiff’s mobile phone sales business (i.e., the Plaintiff’s mobile phone sales business, and (ii) had the Plaintiff receive and sell the mobile phone terminal and receive the fee. During that process, C cut off 35 mobile phones of KRW 31,683,30 of the market price owned by the Plaintiff from February 6, 2014 to April 20, as indicated in the separate crime list.

C. From March 15, 2014 to April 27, 2014, the Defendant lent a total of KRW 12,641,000 to C over a total of 25 times. As a security, the Defendant set up a pledge on the movable property over the 17 units, etc. equivalent to the market price of KRW 15,24,90 (hereinafter “each of the instant mobile phones”) as indicated in the separate sheet, among the mobile phones owned by the Plaintiff that C stolen as above, as indicated in the separate sheet, and received delivery from C.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1, and 2, the purport of the whole pleadings and arguments

2. Determination as to the cause of claim

A. The Plaintiff’s assertion is a person who operates the pawned hall relating to electronic communications equipment, and as such, C has a duty of care to closely verify whether the devices of each of the instant mobile phones owned by the Plaintiff, which were stolen as above, but neglecting the duty of care, and received and delivered the movable property pledge upon each of the instant mobile phones.