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(영문) 의정부지방법원 2017.01.18 2015가단35928

손해배상반환

Text

1. The Defendant’s KRW 101,324,541 as well as the Plaintiff’s annual rate of 5% from September 22, 2015 to January 18, 2017.

Reasons

1. The facts of recognition (1) The Plaintiff is the owner of the sandd position panel factory in Bocheon City C, and the Defendant operated the furniture manufacturing factory with the trade name "D" in the above factory.

(2) On June 9, 2015, the Defendant: (a) disposed of garbage in a D factory to cut off the factory; (b) on the part of the Defendant: (c) on the 11:00 on June 9, 2015, he neglected to take care of the garbage, such as small wood sculptures, so that the drum can not be moved to another place; (d) but neglected to put the drum, put the drum on the drum, and moved the drum to a drum-type factory building that is located immediately adjacent to the drum and moved to a drum-type building; (b) 3 Dongs of the factory building, 1 dormitory, 1, 24,541 won in total as a result of the damage adjuster’s circumstances, the Defendant suffered damage from the Plaintiff in total amount of KRW 101,324,541.

(3) Meanwhile, movable property worth KRW 51,844,00,000, such as the heat board owned by E, a stock company, which was destroyed by the fire as above, was transferred.

(4) The Defendant was under criminal trial for the same facts constituting the crime as described in the above (2) and was sentenced to a fine of two million won by the judgment of the District Court 2016 High Court 98 Decided September 8, 2016. The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap 1, 2, and 3, the purport of the whole pleadings

2. (1) According to the above facts of recognition, since the defendant inflicted property damage equivalent to KRW 101,324,541 on the plaintiff due to negligent acts, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 101,324,541 per annum under the Civil Act from September 22, 2015 to January 18, 2017, which is the date following the service date of the original copy of the payment order, as the plaintiff seeks, as the plaintiff seeks, concerning the existence and scope of the defendant's obligation, from September 22, 2015, the date following the service date of the original payment order, to January 18, 2017, and from the next day to the date of full payment.

(2) The Plaintiff is about the destruction of movable property worth KRW 51,844,00,00, such as the heat plate, etc. owned by E.