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(영문) 서울고등법원 2018.05.09 2017나2039625

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company established on October 17, 1985 for the purpose of leasing pellets (pallet, stuffet for loading, unloading, transporting, storing, etc., hereinafter referred to as “stelets”), and the Plaintiff was divided into Korea Ptept (ju) on September 1, 2017, and the said company took over the Plaintiff.

(hereinafter referred to as “Plaintiffs” in total before and after the completion of the lawsuit. The Defendant, from July 1995 to July 3, 1995, operated non-metallic material processing business, etc. with the trade name of C, and had been operating plastic renovation project since its establishment around September 2013.

B. The theft, acquisition, etc. of the Dolet owned by the Plaintiff (hereinafter “D, etc.”) D, E, F, H, etc.

)은 원고와 에이제이네트웍스(주)가 거래업체 등에게 임대한 팰릿을 절취하였고, G은 2012. 1.경부터 2015. 3.경까지 D 등으로부터 위와 같이 절취한 원고와 에이제이네트웍스(주) 소유의 팰릿 등을 구입하여 이를 분쇄하였다. 2) G은 위와 같이 분쇄한 분쇄품을 피고, I(J회사), K(L회사) 등에게 판매하였다.

From January 2014 to January 2015, the Defendant purchased approximately KRW 479,580 km (hereinafter referred to as the “instant crushing product”) of the amount equivalent to 372,214,900 won, including pellets that were steverized from G from January 2015.

C. The state of a stolen rote was colored or spawd by the Plaintiff’s lease to a trader, etc., but among them, the pellet was colored as soon as possible, and the Plaintiff’s trade name was indicated as “KP Korean Polet pool” along with the Plaintiff’s “KPP Korean Polet pool”. In addition, the Plaintiff’s warning phrase “this pellet may be subject to criminal punishment, such as theft, embezzlement, and stolen acquisition if sold (sale, lease, etc.) or used without permission.”

G Criminal Procedure 1) G against the Defendant: (a) on September 25, 2015, the Suwon District Court Branch 2015 Godan293,446 (Joint Ho case), D, etc. from January 7, 2012 to March 20, 2015.