손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The status of the parties is a company that operates a pellet lending business (pallet, spake for loading, unloading, transporting, storing, etc.). The defendant is a person who operates the pellet renovation project in the trade name of "C" in Ansan-si B.
B. The theft of pellets and the acquisitionD, E, F, etc. (hereinafter “D, etc.”) cut down pellets leased to the trading company and sold them to G. G by crushing them and selling them to the Defendant (hereinafter “instant crushing”).
At the request of G, the Defendant deposited the payment in the name account in addition to the G deposit account, and the tax invoice was not issued.
C. Of them, the Plaintiff’s molets leased in the state of the stolen molet was red or yellow, but more distributed in the city was red, and the Plaintiff’s trade name stated a warning that “this molet is the Korean molet pool property. When disposing of (sale, lease, etc.) or using (sale, lease, etc.) without permission, it would be subject to criminal punishment, such as theft, embezzlement, and stolen acquisition.”
[Ground of recognition] Facts without dispute, Gap 1 through 4, 9, 10, 19 (including each number, if any) and the purport of the whole pleadings
2. The plaintiff's assertion was made by acquiring approximately 479,580 kg of the instant crushing product, which is a stolen product, in collusion with G or by negligence, and selling it again after reprocessing. Since the pellet is 20 kg per dog, it is obligated to pay damages to the plaintiff. As such, 859,407,360 won [the unit price of pellet] x 23,979 x 23,979 x 80 kg (=479,580 x 20 kg)].
3. The judgment of a joint tort under the Civil Act damages another person by an objectively related joint act.