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1. The Defendant shall pay 51,475,000 won to the Plaintiff and 20% per annum from September 12, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. C cut off the Plaintiff’s construction materials, such as sn beam lines, pipes, etc. kept in the E-construction materials storage room located in Kimpo-si, as shown in the attached crime log table, on 22 occasions from November 15, 2013 to January 29, 2014.
B. Defendant B acquired 21 copies of the stolen stolens, other than the items listed in the [Attachment 11] No. 11 among the stolen stolen stolens due to negligence despite his/her duty of care to verify whether he/she is a person engaged in a secondhand work (F).
C. Based on the above criminal facts, C was sentenced to a sentence of one year and six months of imprisonment, three years of probation, and a fine of KRW 5,000,000 for Defendant B, and the above judgment became final and conclusive as it is, (Supreme Court Decision 2014Da430 Decided May 22, 2014).
C deposited KRW 3,000,000 for the plaintiff.
[Ground of recognition] Facts without dispute, Gap 1, 2 (including paper numbers), the purport of the whole pleadings
2. The assertion and judgment
A. Joint tort under the Civil Act is established when multiple acts objectively related to each other cause damage to another, and it does not require not only a conspiracy among actors, but also a common intent or a common perception.
In addition, such a common act can be recognized as being jointly related to the occurrence of damage such as the acquisition of stolen goods by embezzlement, as well as the case of joint tort itself or of aiding and abetting or aiding.
(see, e.g., Supreme Court Decisions 2001Da2181, May 8, 2001; 2012Da44969, Apr. 11, 2013). (B)
In this case, according to the health stand, the above basic facts, and the above recognition legal principles, C steals steals the Plaintiff’s property, and Defendant B is jointly related to the occurrence of damage by acquiring stolen property due to larceny, and thus, C and Defendant B’s acts constitute joint tort under the Civil Act.
Therefore, Defendant B is liable to compensate the Plaintiff for damages of KRW 51,475,00 = 54,475,00.