1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The plaintiff is engaged in agriculture while residing in Seosan-si H, and the defendant is engaged in agriculture while residing in Seosan-si I.

B. C is a person engaged in agriculture, and was in custody of 370 Posium 370 Posium produced and harvested by himself (hereinafter “the instant vegetation”) in Seocho-si, Seosan-si.

C. On June 5, 2013, the Plaintiff remitted KRW 40 million to the NAC’s account, which is the second half of the year, and E remitted KRW 40 million to C’s account on the same day.

On July 12, 2013, the Defendant: (a) taken out and sold the instant lecture from C’s physiological digging on July 12, 2013; and (b) on July 15, 2013, the Plaintiff purchased the instant lecture from E through E and paid the price to C via E; and (c) the Plaintiff acquired the ownership of the instant lecture, but the Defendant filed a complaint against the Plaintiff as a thief on the ground that the Plaintiff was stolen by taking out and selling the instant lecture as above; (b) on January 29, 2014, the Prosecutor of the Seo-gu District Prosecutor’s Office of the Daejeon District Public Prosecutor’s Office rendered a disposition on the Defendant’s suspicion of larceny.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. On June 2013, the Plaintiff asserted that: (a) purchased the instant lecture from C in the amount of KRW 40 million; and (b) the Plaintiff was the owner of the instant lecture; (c) as the Defendant stolen and disposed of the instant lecture on July 12, 2013, the Defendant is liable to compensate the Plaintiff for damages caused by tort.

In addition, the plaintiff had F keep the instant lecture through E, and upon the death of F, the defendant who is in the same business relationship with F disposed of the instant lecture. The F bears the responsibility for nonperformance under a deposit agreement to the plaintiff, and the defendant who is in the same business relationship with F is jointly and severally liable for the said nonperformance.