유체동산인도
1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2.The addition is made by this court.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff, a company engaged in interim disposal of construction waste, etc., was the initial owner of each of the instant machinery, and Defendant B, a company engaged in the collection, collection, transportation, etc. of construction waste, taking over Defendant C’s claim against the Plaintiff. Defendant C was the actual operator of Defendant B, who stolen the instant machinery.
B. From March 2016, Defendant C was indicted for committing a criminal act that stated that “The market price of the Plaintiff’s construction waste disposal machinery in an amount equivalent to KRW 295,300,000,000,000,000,000,000,000,000 won, was sentenced to imprisonment for August 31, 2017 with prison labor for the first and second laca (JAW CCRS) and second laca, screener (VIB SREEN), Belgium MVEN, and separate facilities, and electric facilities, as the site of Defendant B, using 100 tons of the total market price of the Plaintiff’s construction waste disposal machinery, and was sentenced to a theft on August 31, 2017.”
(Maiju District Court 2016 Highest 408). (c)
On October 20, 2017, Defendant C appealed against this and filed an appeal. On October 20, 2017, Defendant C deposited KRW 295,300,000 (hereinafter “the instant deposit”) with the Fund stating that “I would refuse to receive the said deposit, but I would like to provide the Plaintiff with the agreed amount on the illegal theft (part of property damage compensation).” (No. 1463) and the Plaintiff received the said deposit without reservation on October 25, 2017.
On November 14, 2017, the above appellate court (Seoul District Court 2017No3321) sentenced Defendant C to imprisonment with prison labor for 8 months or for 2 years of suspended execution, and dismissed Defendant C’s appeal, which became final and conclusive on March 9, 2018.
(Supreme Court Decision 2017Do19855, hereinafter “related criminal cases”). E.
Meanwhile, between Defendant C and Defendant B on January 29, 2019, Defendant C’s “B” against Defendant B, “Seoul District Court 2016 High Court Dadan408.