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(영문) 서울북부지방법원 2018.09.11 2018나31260
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in the evidence Nos. 1, 3, and 4 and the purport of the entire pleadings:

The defendant owned the Seongbuk-gu Seoul District Building C (hereinafter referred to as the "Defendant-owned Building"), and the plaintiff owned the building around it (hereinafter referred to as the "Plaintiff-owned building").

B. The Plaintiff installed one gas measuring instrument (hereinafter “instant measuring instrument”) on the building owned by the Defendant with the permission of the Defendant, and supplied urban gas to the Plaintiff’s building through the instant measuring instrument.

C. On April 7, 2015, the Defendant removed the instant measuring instrument. D.

1) On October 21, 2015, the Seoul Northern District Prosecutor’s Office prosecuted the Defendant on October 21, 2015 as the lower court’s charges against the Defendant on November 24, 2016, and sentenced a fine of one million won.

At around 14:00 on April 7, 2015, the Defendant (the Defendant) destroyed one unit of urban gas measuring instrument to prevent the use of urban gas by leaving one unit of urban gas measuring instrument in the market value, which is the victim-owned by the Plaintiff (the Plaintiff) with his own permission on the wall, through D, which is an employee of the controlled entity of the said measuring instrument.

3) The Defendant lodged an appeal with this Court No. 2016No2638, Jul. 7, 2017; the appellate court reversed the judgment of the first instance court on the ground that “the Defendant’s act constitutes a justifiable act under Article 20 of the Criminal Act, which constitutes an act that is reasonable in terms of social norms, and thus constitutes a justifiable act under Article 20 of the Criminal Act, and thus, acquitted the Defendant. 4) The Prosecutor appealed with the Supreme Court Decision 2017Do11820, but the appeal was dismissed, and the said judgment became final and conclusive on November 9, 2017.

2. The assertion.

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