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(영문) 수원지방법원 2017.04.06 2016나64975
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

Defendant C: 1,800,000 and 500 among them.

Reasons

1. The following facts are not disputed between the parties, or each entry in Gap evidence 1, No. 2-1, No. 2-2, and No. 3-7 may be admitted by taking into account the whole purport of the pleadings:

Defendant C acquired stolen precious metals at the store of Defendant C with the second floor of the building E in Gwangju City, with the knowledge of the fact that the minor children of the Plaintiffs’ husband and wife have stolen precious metals at the house, and thereafter, Defendant C purchased each precious metal on three occasions, such as the following [Attachment].

On September 27, 2014, the amount paid by Defendant C to the precious metal market (won) purchased by Defendant C on the date of purchase of the sequence 1,000 and 1,000,000,000 8,000 and 3 (1,000,000 on October 10, 2014, 201, 2,0000 2,000,000 80,000 per piece of precious metal for weddings (wons) and 2,00,000,000 80,000 for weddings for weddings and 2 (10,000,000 per annums and 2 (10,000,40,000,000 per piece of stone) on October 25, 2014, 200,000,000 / [200,000 / [20,000 / [

B. On November 7, 2014, Defendant D acquired stolen goods by purchasing KRW 600,000 (3 money) from Defendant D’s wife, knowing that Defendant D had stolen precious metals at home, with knowledge of the fact that Defendant D’s children had stolen precious metals at home, Defendant D acquired stolen goods at KRW 420,000 (3 money).

C. After that, Defendant C was convicted of a fine of KRW 3,00,000 for the facts constituting the crime described in the above paragraph (a), and Defendant D was convicted of a fine of KRW 1,00,000 for the facts constituting the crime described in the above paragraph (b).

2. Determination on the plaintiffs' property damage claim

A. Since the property whose husband and wife belongs to is uncertain is presumed to be jointly owned by the husband and wife (Article 830(2) of the Civil Act), it is presumed that the Plaintiff’s minor children were stolen from their home and sold to the Defendants, and the Plaintiff’s co-ownership is recognized as jointly owned by the Plaintiffs.

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