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(영문) 서울남부지방법원 2017.05.12 2015가합109851

손해배상(기)

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. B entered into an urban gas supply contract with the Plaintiff around August 2012, 2012, as a business operator of GLaina in the first floor of the F building underground of the Yongsan-gu, Busan Metropolitan City (hereinafter “the instant SLaina”), which was located in the first floor of the F building underground.

B. C, as the son’s children, and D, were actually operating the instant friendship, and the Defendant managed the instant friendship from around October 2013 or around February 2014.

C. At around October 2012, E: (a) installed pipelines bypassing the measuring instruments to the urban gas pipe connected to the boiler of the above-mentioned sand in the engine room of the instant rain bank; and (b) cut off the total amount of urban gas of KRW 57,893,780 in total from March 2014 to March 3, 2014.

E, while withdrawing from the instant rainhouse on April 2014, at the same time, removed the said right-hand pipelines, E continued to demand the gas source to have the gas source to voluntarily charge a lower gas charge for the purpose of concealing the previous crime of theft of urban gas. On the other hand, the gas consumption in January 2015, E, while the amount of gas usage in February 26, 2015, as of February 26, 2015, is 83,154 meters.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 8, 10, 12 evidence, Eul evidence Nos. 6, 7, 9 through 14 (including each number, unless the number is otherwise specified; hereinafter the same shall apply), Gap evidence No. 6 video, and the purport of the whole pleadings

2. Determination on the claim for damages caused by a tort (main claim)

A. The gist of the Plaintiff’s assertion 1 of the parties concerned is that the Defendant participated in the theft or illegal use of urban gas from the instant private rain in collusion with the Plaintiff, who is the actual operator of the instant private rain, or the installer of the instant private rain, or that he participated in the installation or illegal use of the instant private rain pipeline as the actual operator of the instant private rain from October 2012, thereby compensating the Plaintiff for the amount equivalent to the gas charges that were stolen or unpaid.