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(영문) 인천지방법원부천지원 2016.08.18 2014가단51680
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 is a company whose business purpose is steel wholesale, and the Defendant is an individual who runs a wholesale and retail business, such as steel products, with the trade name called B.

B. On October 20, 2014, the Plaintiff: (a) purchased steel bars equivalent to KRW 29,001,712 (hereinafter “instant steel bars”); (b) supplied the instant steel bars to E (hereinafter “instant field”) at the time of Pakistan, the delivery place; and (c) the Defendant acquired the instant steel bars on October 21, 2014.

C. However, C or D did not pay the Plaintiff the instant steel bars.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff 1) D deceiving the plaintiff to acquire the amount equivalent to the price of the instant steel bars by deceiving the plaintiff.

B) In light of the fact that the Defendant purchased the instant steel bars more than 100,000 won than the market price, deposited the price into the account in the name of its representative F personal name rather than C, and did not issue the tax invoice, the Defendant acquired the instant steel bars by negligence without knowing the fact that the instant steel bars were acquired as a crime or failing to grasp the fact that they were stolen by violating the duty of care at least, and therefore, as a joint tortfeasor, the Defendant is liable to compensate the Plaintiff for damages equivalent to the price of the instant steel bars due to the act of deceitation by D and joint tortfeasor.

2) Defendant A) agreed to purchase the instant steel bars from C and C, who are employees of C, in the amount of KRW 510,000 per ton, and paid the said amount to C after accepting the instant steel bars.

B. As above, the Defendant only purchased the instant steel bars from C in a normal manner and acquired the ownership thereof, and there is no fact of participation in D’s tort, thereby compensating the Plaintiff for the damages.

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