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(영문) 서울중앙지방법원 2018.09.19 2017가단5105152
손해배상 등 청구의 소
Text

1. Defendant B and D jointly share KRW 79,380,368 to the Plaintiff and 5% per annum from December 1, 2015 to July 4, 2017.

Reasons

1. Facts of recognition;

A. Defendant B’s private letter or acceptance 1) around January 201, 201, Defendant B (“F Co., Ltd.”) is F Co., Ltd. located in Gangnam-gu Seoul E (hereinafter “F Co., Ltd”).

2) Defendant B acquired urban gas from the Plaintiff around that time, and received urban gas from the Plaintiff. (2) Defendant B received from Defendant C, a pro-friendly parent, the duties of parking management, etc. of Friman, and Defendant D received from Defendant D with the duties of managing the engine room.

Defendant D received KRW 1,00,000 each month in return for the management of the institution room.

B. Defendant D’s criminal trial against Defendant D was sentenced to imprisonment with prison labor for larceny from the Seoul Central District Court on April 11, 2017, when gas was stolen at a large number of bathing rooms, and was sentenced to imprisonment with prison labor for one year and six months. The criminal facts of the crime include: (a) the part of the city gas pipes and measuring instruments connected to the boiler in the Fgros or engine room was removed from around May 201; (b) the part was removed by 25cm of the city gas pipes and measuring instruments connected to the boiler; and (c) the part was stored in the boiler and gas supplied to the boiler; (d) the Plaintiff’s urban gas was 2,164 cubic meters from around that time to May 2015, the amount of the theft was calculated in such a way as follows: (a) the city gas level was 126,070 cubic meters from the market price of urban gas owned by the Plaintiff; and (b) the amount of the theft was calculated as follows.

In other words, from January 2009 to April 201, 201, F Coinna divided the total amount of urban gas usage for 107,581 cubic meters (43,482 cubic meters, 44,741 cubic meters, 19,358 cubic meters from January 201 to April 201) by 36 months, by 2,98 cubic meters from F Coinna’s monthly average amount of urban gas use. In addition, from May 5, 2011 to May 201, the Defendant calculated the amount calculated by deducting the amount reported as the amount of urban gas use each month from the monthly amount of urban gas emission, and the amount calculated by multiplying the amount of urban gas theft by the amount of urban gas theft charges.

On the other hand, Seoul City Urban Gas, which applies to the supply of urban gas.

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