본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
부산지방법원 2016.02.18 2015가단24665

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion C (hereinafter “the network”) purchased communications equipment, etc. installed in the crobe, studio, etc. (hereinafter “communication equipment”) from Cocons, Ltd. (hereinafter “Cocons”), and died on August 12, 2013 while being kept in the Busan Northern-gu D warehouse, and died of E, etc. as property heir.

However, the defendant, who had been an employee of Coerer, took out communication equipment equivalent to KRW 280,000,000, which was kept in custody in the above warehouse from Coerer, and took out communication equipment equivalent to KRW 210,000,000 among them, taken out the communication equipment equivalent to KRW 210,000 from Coerer and sold the remainder to Non-Party F at will, thereby committing a tort, such as taking out the telecommunication equipment equivalent to KRW 70,000,000 from Coerer’s, thereby taking the property over or thefting property equivalent to KRW 70,000,000, and causing property damage to E, etc.

E transfers the above KRW 56,00,000 to the Plaintiff out of the damages claim of KRW 70,000,000 against the Defendant, and notifies the Defendant thereof, so the Defendant is liable to pay the Plaintiff the above KRW 56,00,000 and the damages for delay.

2. The written evidence Nos. 1, 2, and 6 is insufficient to acknowledge that the Defendant obtained or stolen the property equivalent to KRW 70,000,000 by taking out communication equipment owned by the Deceased without permission, as alleged by the Plaintiff, and there is no other evidence to acknowledge otherwise.

Rather, comprehensively taking account of the respective descriptions of evidence Nos. 1 through 5 and the overall purport of the pleading as to the testimony of the witness E, Cocons had a claim for the price of goods equivalent to KRW 624,051,330 to “G”, a personal business chain, the deceased’s representative, and the deceased’s death on August 12, 2013, filed a lawsuit for the claim for the price of goods with the court 2013Gahap14845 against Non-Party E, the heir, and on January 7, 2014, “E” based on the rate of 20% per annum from October 25, 2013 to the scope of the property inherited from the deceased.