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(영문) 청주지방법원 충주지원 2020.05.27 2019고정172
재물손괴
Text

The defendant shall be innocent.

Reasons

The Defendant is the custodian of C Co., Ltd. (hereinafter “C”) who is the owner of the building B in the instant facts charged, and D is a person delegated by the victim E Co., Ltd. (hereinafter “E”) and is the manager of a building exercising the right of retention.

At around 16:00 on October 23, 2018, the Defendant became aware of the fact that the victim E who is exercising the right of retention of a building located in the “B” located in the Chungcheong City F, Chungcheongnam-si, and the victim E, who is in the exercise of the right of retention, installed five a ditch card with the content of “in the exercise of the right of retention” on the 1st floor and the outer wall of the 2,3rd floor of

However, due to the franch card installed, the lessee of the building removed the building by her hand on the ground of the ownership of C to which he/she belongs, which could damage the image.

Accordingly, the defendant damaged the property in the market price of the victim.

At around November 21, 2100 of the same year, the Defendant continuously removed 2 Franc cards with the content of “in the course of exercising the right of retention,” which the victim E installed on the front door of the first floor of the building and the side windows of the building for the same reason.

Accordingly, the defendant damaged the property equivalent to KRW 400,000 in the market price owned by the victim.

Judgment

According to the record, the following facts are recognized.

E has a claim for the construction cost of KRW 1,293,430,000 for the new construction of the Class I neighborhood living facilities (B building stated in the facts stated in the above facts) on the Ha and I ground in Chungcheong City to a limited liability company G (hereinafter referred to as “G”) and damages for delay.

Since E did not receive dividends, it raised an objection to the dividend amount of G’s other creditors, and filed a lawsuit of demurrer against distribution with the Cheongju District Court.

In this lawsuit, E filed an appeal against defects, and the Cheongju District Court of Daejeon High Court accepted some of the claims of E on June 20, 2018, and sentenced E to the distribution of KRW 1,619,737,046.

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