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(영문) 서울고등법원 2017.08.24 2016나2043016

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the money ordered to be paid below is dismissed.

Reasons

1. Basic facts

A. The Plaintiff as a party is a stock company established on October 17, 1985 for the purpose of the lease business, etc. of pellet (pallet, cocket for loading, unloading, transporting, storing, etc., hereinafter referred to as “stelet”) and the Defendant is a person who has executed plastic renovation project from January 2006 to “C” in the trade name of “C.”

나. 원고 소유 팰릿의 절취 등 (1) D 등은 원고와 에이제이네트웍스㈜(이하 ‘소외 회사’라 한다.)가 거래업체들에게 임대한 팰릿을 절취하였고, G은 2012. 1.부터 2015. 3.까지 D 등으로부터 위와 같이 절취한 원고와 소외 회사 소유 팰릿을 구입하여 파쇄하였다.

(2) From October 2, 2013 to March 20, 2015, the Defendant purchased approximately 887,730 km (the red color was 190,958 km) from G, including the molet molet mos mos monded as above.

(hereinafter referred to as the above, vehicle scrap purchased by the Defendant from G is referred to as “instant vehicle scrap.”

Plaintiff

(1) The characteristics of the Dolet owned by the Plaintiff include the phrase “KP” and “A” in the Dolet leased by the Plaintiff, and the phrase “this Dolet may be subject to criminal punishment, such as theft, embezzlement, and stolen acquisition, in the event of disposal (sale, lease, etc.) or use without permission of the party.”

(2) Dolets are standardized in size for each type of use. The size of Dolets mainly used in a discount boat, etc. is ① 1,100m x 1,100m x 1,100m x 150m x ② 1,200m x 1,00m x 1,00m x 150m m.

The Plaintiff, such as the Plaintiff, Dolet leasing company leases pellets unique to each company, and the domestic pellet leasing business market forms most of the share of the Plaintiff and the non-party company, among the pellets leased by the Plaintiff, the size ① is red, ② the size is blue, ② the size is blue, and ② the size is green among the pellets leased by the non-party company.

Plaintiff

The weight of the size (1) mitting.