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(영문) 서울남부지방법원 2019.08.30 2018나63561
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On November 10, 2017, the Plaintiff was convicted of the following criminal facts (hereinafter “instant criminal facts”) in Seoul Southern District Court 2016 High Court Decision 201Da1594, and was sentenced to a fine of KRW 500,000 by the said court.

The Plaintiff appealed, but the appellate court was sentenced to a fine of KRW 500,000 on May 14, 2019, and appealed accordingly, but the Supreme Court dismissed the appeal on July 5, 2019, and the decision became final and conclusive on July 9, 2019.

(hereinafter “instant final and conclusive judgment”) - Criminal facts - The Defendant is a person who operates an entertainment tavern for “D”.

On November 28, 2015, at around 000:19, the Defendant: (a) committed a theft with cash of KRW 400,000,000,000 on the ground wall, which was located within a bank owned by the victim B (W, 57 years old) who was an employee under his/her own seat, from the first basement of Gangseo-gu Seoul Metropolitan Government E-E (Seoul) operated by the Defendant.

B. Defendant B is the victim of the above crime, and Defendant C is a police officer who was in charge of the police investigation of the above criminal case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 4, significant facts in this court, and purport of the whole pleadings

2. Defendant B, which caused the Plaintiff’s claim, stolen the Plaintiff’s KRW 400,00 from Defendant B’s branch, as stated in the facts constituting the instant crime, and Defendant C obstructed the Plaintiff from treating the Plaintiff as an offender and making a decision.

Therefore, the Defendants are obligated to pay the Plaintiff the solatium amounting to KRW 2.5 million each, and the delay damages therefrom, respectively.

3. Defendant B rejected the Plaintiff on the sole basis of the evidence Nos. 1 through 6 submitted by the Plaintiff.

It is difficult to recognize that Defendant C committed an act as alleged by the Plaintiff or as alleged by the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, we cannot accept all of the Plaintiff’s assertion on the grounds of claim against the Defendants.

4. Conclusion, the plaintiff.

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