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(영문) 의정부지방법원 2020.02.06 2019나203003
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The Plaintiff, as a result of the judgment of the first instance, appealed only on the part of KRW 65,903,00 for the reason that N et al., an employee of the Defendant among the judgment of the first instance, stolen furnitures, which were owned by the Plaintiff, and supplied to I et al., and stolen household manufacturing facilities, mechanical equipment, etc.

However, the plaintiff's grounds of appeal are not significantly different from the argument in the first instance court, and the fact-finding and judgment in the first instance court related to this, even if the evidence submitted in the first instance court and the evidence submitted in the first instance court are considered legitimate.

Therefore, the reasoning for this Court to indicate the instant case is that the relevant part of the reasoning of the first instance judgment is identical to that of the relevant part of the reasoning of the first instance judgment, except for the following additional parts, and thus, it is acceptable in accordance with the main sentence of

2. The addition;

A. The plaintiff asserts to the effect that since N et al. stolen the furnitures, etc. owned by the plaintiff, the defendant should compensate for the damage as the employer, as ordered by the defendant's representativeO.

B. The facts found by the first instance judgment that there is insufficient evidence to acknowledge that the household supplied to I was stolen by the Plaintiff’s possession or N et al. of the Plaintiff’s household.

Furthermore, even if N et al. stolen the furnitures, etc. owned by the Plaintiff as alleged by the Plaintiff, the evidence alone submitted by the Plaintiff is insufficient to recognize that N et al. instructed N et al., and there is no other evidence to acknowledge it.

3. The plaintiff's claim should be dismissed as it is reasonable.

The judgment of the court of first instance is justified in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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