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(영문) 의정부지방법원 2012.09.13 2009나14273
손해배상(기)
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Progress of the trial;

A. The Plaintiff initially filed a lawsuit against the Defendant for the attachment execution of the chartered bus which had been installed in the Defendant’s garage upon the Plaintiff’s request for auction, and the Defendant’s representative director arbitrarily removed and removed its parts such as seat in the chartered bus, thereby causing property damage equivalent to KRW 1.6.8 million as the appraisal of the chartered bus was successful in KRW 8.2 million. As such, the Defendant’s representative director’s delay in the auction procedure due to the delay in the removal of parts of the above Defendant’s representative director’s part, KRW 2.2 million, towing fee, KRW 4.5 million, KRW 87,00, KRW 87,000, KRW 32,000,000 and KRW 3.4 million, KRW 3.4 million,000,000,000, KRW 4.25 million,000,000,0000, KRW 3.4 million,000,000,000,000.

B. However, on October 13, 2009, the court of first instance sentenced only 22 million won on the ground that “The entries in the evidence A or 4 alone are insufficient to recognize that the act of the representative director of the defendant, by means of the act of the defendant representative director, losses of 16 million won due to the decline in the value of the chartered bus, parking fees of 2 million won, towing fees of 450,000 won, towing fees of 870,000 won, and there is no other evidence to prove otherwise.”

C. On June 28, 2011, the court of first instance, which appealed against the above judgment and was proceeding by the appellate court, omitted a trial on KRW 1,233,00,000 out of the amount of damages caused by the fall of the value of the chartered bus extended by the court of first instance following the Plaintiff’s amendment of the purport of the claim.

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