A. At around 18:30 on December 30, 2014, Defendant B: (a) invadedd the Plaintiff’s centralized window located in Gangwon-si, Gangwon-si; (b) stolen 10,000 yellow fever and 3,00,000 won to Defendant C, who operates the pawnpo on December 31, 2014, by taking the instant yellow fever, etc. as collateral.

B. A. The defendant B

The investigative agency investigating the larceny case described in paragraph (1) was voluntarily produced from Defendant C and seized the instant yellow fever, and had it temporarily returned and kept it. Defendant C sold it to a third party.

C. Meanwhile, the value of the gold fever of this case is KRW 1,950,000.

(Ground for recognition: Facts without dispute, entries in Gap evidence 1 through 4 (including each number), the purport of the whole pleadings.

2. Determination:

A. According to the above facts of recognition as to the plaintiff's cause of claim, barring special circumstances, Defendant B is obligated to pay damages for a tort committed by theft of the yellow fever, and Defendant C is obligated to sell the said yellow fever to a third party with knowledge that it was a stolen thing, and thus, the obligation to return the said yellow fever was in an impossible condition. Thus, Defendant C is obligated to pay damages for such reason.

B. Defendant C’s assertion and determination thereof (1) The summary of Defendant C’s assertion is as follows: (a) Defendant C fulfilled his/her business duty, such as identifying the status of Defendant B and recording the necessary personal information; (b) thus, Defendant C, a bona fide third person, cannot be held liable for such duty.

(2) Even if Defendant C’s assertion as to Defendant C’s assertion was made by bona fide acquisition of the instant yellow fever, the Plaintiff, the victim of the instant yellow fever, may claim against the bona fide acquisitor without compensation for the return of the said yellow fever pursuant to Article 250 of the Civil Act.