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(영문) 서울남부지방법원 2019.08.29 2019나51824
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 14, 2015, the Plaintiff discovered that C would bring about a glockt owned by the Plaintiff at a place where the baggage was found in B Airport entry port No. 3, 2015, and avoided this, and received the said glockt returned from C.

B. C was investigated into the suspicion of larceny and misappropriation of possession of the above glart, but was subject to each disposition of suspicion (defluence of evidence).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant, as a manager of the baggage loaded on the aircraft, left away from the Plaintiff’s Capital, left away on the baggage tag so that he could bring about any loss by classifying him into the lost goods, while keeping and managing it. 2) The Defendant failed to install CCTV at a place where the Defendant had a duty to install CCTV at an entry container but failed to secure evidence for C’s criminal act. If CCTV was installed as alleged by the Defendant, the Defendant refused to provide the police with the video, and thereby, deprived the Plaintiff of the opportunity to impose criminal punishment against C or claim damages.

3) Therefore, the Defendant is obligated to compensate the Plaintiff for KRW 2 million. Na. 1) According to the Plaintiff’s respective statements on the Plaintiff’s first argument, according to the health team, Gap’s evidence Nos. 2 and 3, it can be recognized that, at the time C intended to bring the Plaintiff’s glort to bring the Plaintiff’s glort, the Defendant left the said glort alone as long as the procedure for receiving the baggage has not been completed.

Therefore, this part of the plaintiff's assertion is without merit.

2) According to the Plaintiff’s second argument, the CCTV is installed and operated at the place where the Defendant is found in the entry port, according to the statement of No. 1.

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