1. The Defendant shall pay to the Plaintiff KRW 13,646,027 as well as 5% per annum from May 4, 2016 to December 8, 2016 and the next day.

1. On July 2013, the Plaintiff leased No. 307 of the Ilyang-dong Building B, Goyang-si, Goyang-si, the Plaintiff prepared a game machine and operated the game room with the trade name called “C Game Site” from October 5, 2013 to March 28, 2014.

On March 28, 2014, the Yongsan Police Station: (a) controlled the Plaintiff’s above game room on the ground that it had an illegal game machine; (b) received from the Plaintiff the said game room’s 20th unit and the 20 unit, etc. of new game machine (hereinafter “instant game machine”); and (c) received from the Plaintiff, and confiscated the Plaintiff’s ownership waiver.

Police officers belonging to the Yongsan Police Station were discarded on April 11, 2014, which was seized under the direction of the public prosecutor belonging to the Goyang District Public Prosecutor's Office.

Since then, the Plaintiff was prosecuted as the facts charged that the game product that was not classified was provided for use, but the Defendant was sentenced to not guilty judgment on December 29, 2015 (this Court Decision 2014Da1984) on the ground that the game machine in the instant case was included in the game product rated. The above judgment became final and conclusive as it is.

[Ground of recognition] Unsatisfy, Gap 1, 2 evidence, Eul 5 and 6 evidence, the purport of the whole pleadings

2. Occurrence of liability for damages;

(a) Article 130 of the Provisions of the Criminal Procedure Act (Keeping and Discarding of Seized Articles)

(3) Seized articles that are legally prohibited from being produced, manufactured, possessed, owned or distributed, and are feared to be decomposed or difficult to keep, may be scrapped with the consent of the owner or other authorized person.

Considerable measures shall be taken to prevent the loss, damage, etc. of seized articles under Article 131.

Article 133 (Return or Temporary Return of Seized Articles) (1) Seized articles, the continued seizure of which is deemed unnecessary, shall be returned by ruling even before the completion of the defendant¡¯s case, and the owner, possessor, custodian, or any seized articles to be produced as evidence.