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(영문) 광주지방법원순천지원 2016.01.14 2014가합3345
손해배상(기)
Text

1. The Defendants jointly share KRW 113,960,00 with respect to the Plaintiff and the period from April 12, 2014 to January 14, 2016.

Reasons

1. Basic facts

A. On March 5, 2014, the Plaintiff installed a sn beamline in the construction site of “D” (hereinafter “instant construction site”). Defendant A, a contractor of the said construction work, requested the dissolution of the sn beamline from the sn beam development, and carried out Hn beam dismantling operations from March 5, 2014.

B. Defendant A: (a) on April 11, 2014, the sn beam of the Plaintiff’s sn beamline 207.2 tons; or (b)

4. 12.12. The Defendant B embezzled Defendant B, a scrap metal businessman, by letting Defendant B take out without permission. Defendant B sold the sn beam 207.2 tons of the above Hn beam to E Co., Ltd. (Representative F) at KRW 66 million.

From July 24, 2014, the Defendants were sentenced to imprisonment for the crime of embezzlement, Defendant A was sentenced to imprisonment for one year, Defendant B was sentenced to imprisonment for the crime of aiding and abetting stolen property, Defendant C was sentenced to imprisonment for five months at the Changwon District Court (2014No1786), which was the appellate court on October 30, 2014, and Defendant B was sentenced to imprisonment for one year and two months, and Defendant B was sentenced to imprisonment for six months, and the appellate court judgment became final and conclusive due to the withdrawal of Defendant A’s appeal.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendants asserted that the Plaintiff caused damage to the Plaintiff by the tort as above. As such, the Defendants jointly and severally liable for compensation of KRW 180,240,000 in total, including KRW 114,00,000 and additional rent of KRW 66,240,00 for the sn beam (i.e., one ton (=40,000 additional rent of KRW 40,000 per month x 207 tons) x eight months (the period from April 2014 when the Defendant stolen the sn beam to November 2014 in which the Plaintiff filed the instant lawsuit).

B. 1) The following facts can be acknowledged in full view of the statements in Gap evidence Nos. 1 through 4 (including the serial number and the purport of the entire pleadings).

㈎ H빔 임대업자 G은 2012. 12.경 원고와 사이에 이 사건 공사 현장에 투입되는 H빔 73.355톤을 임대하면서, 임대기간이 지난 후에는 초과 1개월에 1톤당 45,000원 씩의...

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