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1. The Defendant’s KRW 34,200,928 as well as 5% per annum from October 30, 2015 to May 20, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that runs the business of lending measuring instruments, information equipment, or path, etc., and the Defendant was a driver who belongs to the ornamental farm agricultural company and delivers eggs to the Paris Croat factory, etc.
B. The Defendant leased and used plastic materials used for the transport of products by the Plaintiff, etc., the owner of the Paris Croat plant, etc. from the Plaintiff, etc., and did not properly manage them, and disposed of them to B on a total of 56 occasions during the period from February 1, 2013 to March 20, 2015.
Of the lelet that the Defendant stolen, the lelett owned by the Plaintiff is 1,384.
C. On September 25, 2015, the Defendant was detained for the foregoing facts constituting the crime, and was sentenced to imprisonment with prison labor for one year in Suwon District Court Branch 2015 Godan293, 446 (Joint).
[Ground of recognition] Facts without dispute, Gap's evidence 1, Gap's evidence 5, Gap's evidence 6, whole purport of pleading
2. According to the above facts finding that the Defendant was liable for damages, since the Defendant stolen 1,384 piece of tept 1,384 owned by the Plaintiff and inflicted damages equivalent to the market price of tept 1,384, the Defendant is liable to pay the Plaintiff the amount equivalent to the market price of tept 1,384.
3. The following circumstances are acknowledged based on Gap evidence Nos. 6 and Gap evidence Nos. 9 and the purport of the oral argument. In other words, since the defendant disposed of the plaintiff's path that he stolen, it is difficult to accurately determine the price of the stolen path because the time or condition of the purchase of the stolen path, and considering that the average price of the path that the plaintiff purchased between November 2009 and February 4, 2016, calculated by applying depreciation as of April 30, 2016, the market price of each path is 30,492 won.