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(영문) 대전지방법원홍성지원 2014.05.14 2013가단7080

손해배상(기)

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 7,650,000 as well as the interest rate from May 15, 2014 to the day of full payment.

Reasons

1. Comprehensively taking account of the purport of the arguments in Gap evidence Nos. 2 and 3 as to the cause of the claim, and the purport of the whole arguments, as a whole: (i) on April 15, 2012, defendant Eul would sell 7,650,000 won at the market price of the plaintiff-owned in Boan-si, Boan-si to the defendant C for sale of at least 5,100,000 won; (ii) on April 25, 2012, the defendant C would bring about the right-holder, thereby theft of the above right-holder; and (iii) on the acquisition of the right-holder, the defendant C was subject to criminal punishment as to the acquisition of the right-holder, and barring any special circumstance, the defendants, a joint tortfeasor, jointly and severally, are liable to pay the plaintiff the above right-holder 7,650,000 won at the market price of the above right-holder and damages for delay from 2015 days following the judgment of the plaintiff.

(1) The plaintiff agreed to sell the above 30,000,000 won to a third party. The plaintiff argued that the amount of damages should be KRW 30,00,000,000, but there is no evidence to prove that the market price of the above 30,000,000 won or that the above 30,000 won should be sold to a third party as alleged by the plaintiff, and that the above 30,00,000 won should be known or known to the third party as alleged by the plaintiff, and that the above 30,000 won should be known or known to the third party, the plaintiff's above assertion is without merit. Accordingly, the defendant C alleged that the above 3 is not liable for damages because it acquired the above 30,000 won in good faith, but there is no evidence to prove that the defendant C occupied the above 30,000 won in possession of the above 30,000 won in relation to the above 30,000 won.

2. If so, the plaintiff's claim of this case is justified within the above scope of recognition.