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Basic Facts

The Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”) is a company with the purpose of construction waste disposal, etc.

The Defendant (Counterclaim Plaintiff; hereinafter “Defendant Company”) is a company with the purpose of collecting, collecting, and transporting construction waste, and Defendant C is the actual operator of the Defendant Company.

Defendant C, around March 2015, stolen the construction waste disposal machinery owned by the Plaintiff, with the first type of 295,300,000,000 won (JAW CDR), second type of laca shower (JAWUSHEN), screener (VIB SREEN), Belgium MVE (BEN), separate facilities, and electrical facilities as the site owned by the Defendant Company, using 100 tons of the total market value of the construction waste disposal machinery owned by the Plaintiff.

“Around August 31, 2017, the Defendant Company was sentenced to eight months of imprisonment with prison labor at the Gwangju District Court’s branch (this Court Decision 2016No408; hereinafter “instant criminal trial”). On October 20, 2017, the appellate court of the instant criminal trial (Seoul District Court Decision 2017No321), stating that the Plaintiff was the depositee and the Defendant C deposited the deposit amount of KRW 295,30,000 (hereinafter “the deposit money”) equivalent to the value of the mechanical work in the instant criminal case, stating that “the deposit amount is part of damage compensation for property”),” and that the deposit of the instant criminal trial was made on behalf of the Defendants on October 25, 2017, in lieu of the deposit money of this case, Defendant C’s imprisonment with prison labor at the appellate court of Gwangju District Court’s final judgment on October 14, 2017, and Defendant C deposited the deposit money with Defendant C on behalf of the Defendants on the deposit money of this case.