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1. The Defendant’s KRW 3 million and the Plaintiff’s annual rate from August 23, 2016 to October 17, 2017, as follows.
Reasons
1. Basic facts
A. On March 2014, the Plaintiff purchased a device (hereinafter referred to as “instant product”) that is attached to the front part of the Trake as a medium-and long-term PTPP (power withdrawal device) from the Defendant for the use of the power of the Tracter in KRW 9.5 million, and the Defendant installed the instant product on the 150HP Trac Trac Trac Tra (hereinafter referred to as “instant Trac Trac Trac Tra”), which is owned by the Plaintiff.
B. On April 14, 2015, the Plaintiff had C transport the instant box attached with the instant product and left C to repair it.
C. From May 7, 2015, the Defendant used the instant black box to D for three days without the Plaintiff’s permission, and on June 23, 2015, the Gwangju District Court issued a summary order of KRW 1 million as a fine for breach of trust.
[Grounds for recognition] The items of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
2. The Plaintiff’s assertion that the Defendant kept the instant box without permission, and caused damages equivalent to KRW 25 million (one million per day from April 16, 2015 to May 10, 2015) to the Plaintiff by leasing the instant box to a third party without permission. After the act of breach of trust, even if the instant product was replaced with a new product after the act of breach of trust, the Defendant incurred damages equivalent to KRW 34.5 million in total, including replacing the instant product with a second product and causing damages equivalent to KRW 9.5 million in purchase cost, thereby compensating the Plaintiff for such damages.
3. Determination
A. According to the cited part, the defendant used the instant fleet to D for three days without the plaintiff's permission. Accordingly, the plaintiff suffered damages of three million won (3 million won x one million won, Gap evidence 5-1, and Gap evidence 6, comprehensively taking into account the whole purport of the arguments, it is reasonable to see that the profits that can be gained except labor expenses, etc. in case where one day work is done using the instant fleet are 1 million won). Thus, the defendant is a tort against the plaintiff and three million won.