Standard for determining the value of articles under Article 4 of the Lost Articles Act;

The amount of compensation for a person who has acquired lost articles shall be determined on the basis of the degree of objective danger that the person who has lost such articles could have been relieved of by receiving the return of such lost articles.

Article 4 of the Lost Articles Act

Plaintiff

Seoul Bank

Seoul High Court Decision 65Na377 delivered on February 1, 1967

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal by the plaintiff and the attorney are examined.

According to Article 4 of the Lost Articles Act, a person who has received an article shall pay compensation within the limit of 100 to 100 of its value. The above "compensation" is an objective risk that the actual owner of the article could have prevented loss, i.e., the value of the article, which is based on the premise that the amount of compensation would have been returned to the issuer. In this case, the court below should have determined that the article was lost at the same time on the 3-day check by the issuer, because it is hard for the issuer to find that the above 1-6-day check was the same as the above 1-day check by the issuer, and that the defendant would have been lost at the same time on the 1-day check by the issuer. According to the facts established by the court below, the court below should have determined that the above 3-day check was lost at the same time on the 1-day check by the issuer, and that the defendant would have been aware of the fact that the above 1-day check was lost on the 3-day check.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

Supreme Court Judge Lee Young-su (Presiding Judge) (Presiding Judge) and Lee Dong-dong Gyeong-dong