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(영문) 전주지방법원 2017.12.22 2016가단18465
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff operated a swine farm under the name of “D” in Jeonju-gun, Jeonju-gun, and the Defendant served as a farm manager in D.

B. The Defendant, together with Co-Defendant E, was indicted as the Jeonju District Court 2016Kadan1084 on charges of special larceny and convicted of the theft of pigs as follows.

【Criminal Facts】

1. Around July 6, 2015, the Defendants conspired to commit the crime, and around July 6, 2015, opened a line at the entrance of the farm by the Defendant B, the manager of the farm, to enter the farm and make the vehicle operated by the Defendant E enter the farm, and entices the rear part of the vehicle loaded onto the pigs, and then cut off the victim’s market value at approximately KRW 500,000,000,000,000,000 won.

2. Around September 2015, Defendants conspired to commit the crime, and took a theft of approximately KRW 500,000,000 at the market price of pigs 1 head in the same manner and in the same manner at the same place as Paragraph 1, around September 2015.

3. Around December 2015, Defendants conspired to commit the crime and stolen the same in the same manner at the same place as Paragraph (1) around December 2015, and loaded approximately KRW 500,000 at the market price of pigs 1-math in the same manner.

4. Around February 20, 2016, the Defendants conspired to commit the crime and stolen approximately KRW 500,000,000,000 at the market price of pigs 1, in the same manner as that of paragraph (1), at the same place as that of paragraph (1) around February 20, 2016.

Accordingly, the Defendants, together, stolen pigs owned by the victim amounting to KRW 2 million.

C. On October 24, 2016, the Defendant deposited KRW 2,00,00 as the Jeonju District Court No. 2916 in 2016, and thereafter, the Plaintiff reserved an objection and received the deposit.

[Reasons for Recognition] Facts without a partial dispute, Gap 1 through 17 evidence (including a provisional parcel number; hereinafter the same shall apply), Eul 1 evidence (including a provisional number), the purport of the whole pleadings

2. Assertion and determination

A. The Defendant asserted that the Plaintiff’s assertion is from D operated by the Plaintiff to July 9, 2015, 65 heads of pigs.

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