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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff is a corporation that is engaged in the business of exporting raw yarn to a foreign country through salt color and processing. From March 26, 2018 to August 27, 2018, the Plaintiff entrusted 40,000 g of nuclear LINEN/PLY (5/45) 16S/1 (hereinafter “original yarn”) to D Co., Ltd., with salt processing. From March 26, 2018 to August 27, 2018, the Plaintiff entrusted 11,875 g of the original yarn owned by D, which was entrusted by D, sold 5,025 g to Defendant C Co., Ltd.
The Defendants, with the knowledge that the above original works were stolen, had a duty to return the original works to the Plaintiff, and it has become difficult to return the original works in kind by disposing of the said original works.
Therefore, Defendant B Co., Ltd. is obligated to pay to the Plaintiff 58,687,663 won equivalent to its value ($ 51,062.50 x exchange rate 1149.33 won), Defendant C Co., Ltd. 24,834,148 won (US$ 21,607.5 x exchange rate 1149.33 won) and damages for delay.
B. The Defendant’s assertion that Defendant B was identical from April 12, 2018.
7. From D Co., Ltd. to 23, up to 11,850 km, the sum of LINEN/POL (55/45) 16S/1 (hereinafter “the instant master”).
In addition, until July 19, 2018 and July 23, 2018, Defendant C purchased the total of 5,025 km from Company D.
However, the original company of this case purchased by the Defendants from D cannot be deemed to be the Plaintiff’s ownership upon request of the Plaintiff to process salt, and even if the original company of this case was owned by the Plaintiff, the Defendants knew that it was owned by D and acquired it in good faith.
2. The original yarn of this case and the Defendants purchased from D, which the Plaintiff requested to do salt processing with Company D only with the descriptions (including the number of each number; hereinafter the same shall apply) set forth in the judgment Gap 1 through 7.