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(영문) 서울중앙지방법원 2018.11.15 2017가단5244170
구상금
Text

1. The Plaintiff:

A. Defendant A and B jointly share KRW 37,210,000 and Defendant A from October 25, 2012 to March 8, 2018.

Reasons

1. Basic facts

A. (1) The Plaintiff is an insurance company that entered into a comprehensive automobile insurance contract with respect to the Fe-math cargo cars owned by the Company, which are the Plaintiff (hereinafter “instant cargo cars”).

(2) Defendant C and D are those engaged in the used cars sales business, and Defendant E are those engaged in the used cars export business.

B. At around 14:40 on September 13, 2012, G, a driver of the instant cargo vehicle, parked the instant cargo vehicle on the roads adjacent to the Geumdong-gu, Jindong-gu, Jindong-gu, Jinyang-si, Seoul, with the view to the theft and loss (1) of the instant cargo vehicle.

(2) However, Defendant A and B opened the doors of the instant cargo vehicle between 06:30 on the following day and 06:30 on the following day and stolen them by driving.

(3) On September 15, 2012, Defendant C was entrusted with the sale and purchase of the instant truck by Defendant A, introduced it to Defendant D, and received KRW 500,000 as consideration, Defendant D again mediated the sale and purchase of the instant truck and received KRW 2 million as consideration. Defendant E purchased the instant truck at KRW 14,500,000,000 to a third party without the transfer of ownership thereafter, and then sold the instant truck at KRW 15,00,000 to a third party without the transfer of ownership. Since then, the instant truck was exported from a foreign country.

At the time of each of the above sales mediation or sale, the above defendants thought that the freight of this case is the owner in the register of automobiles and the actual disposal authority or possessor in the register of automobiles, and accordingly, they did not confirm the registration certificate or the register of automobiles of this case.

(4) Defendant C and D arranged the sale and purchase of the instant cargo corresponding to the stolen goods as above, etc., and Defendant E, as occupational negligence, acquired the instant cargo, which is the stolen goods, a summary order is issued in 200,000 won, respectively due to the occupational negligence, etc. that acquired the instant cargo, which is the stolen goods.

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