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1. The Defendant against Plaintiff A, KRW 98,175,450, and KRW 11,812,350, and each of the said money to Plaintiff C, Inc.
Reasons
1. Facts of recognition;
A. The Plaintiff A runs the business of manufacturing Aluminium pressure with the trade name of “C”, and the Plaintiff Incorporated Metal Co., Ltd. (hereinafter “Plaintiff”) is a company aimed at manufacturing and wholesale and retailing Aluminium voltage, and the Defendant is the representative of D Co., Ltd. (hereinafter “Alumin company”) aimed at recycling Aluminium.
B. From the end of 2012, when the plaintiffs and the plaintiffs request the non-party company to use the aluminium scrap, the non-party company used it and processed it as a non-party company, and then supplied it to the non-party Samsung Co., Ltd., the second processing company, and the Samsung Industry traded in the way of suppressing it and supplying it to the plaintiffs in the form of co-days.
C. The Defendant, through the aforementioned method transaction, voluntarily disposed of the same from December 2014 to February 2015, to another customer by the Defendant, while keeping 5,63 kg of the market price of 98,175,450 won for aluminium scrap, which was requested by the Plaintiff to do harm from the Plaintiff Company, and at the market price of 11,812,350 won for aluminium scrap, which was requested by the Plaintiff Company, for the Plaintiffs.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. Determination:
A. According to the above fact of recognition of the liability for damages, the defendant's arbitrary disposal and embezzlement of aluminium scrap, which was received from the plaintiffs, constitutes a tort against the plaintiffs. Thus, the defendant is liable to compensate the plaintiffs for the damages.
B. The scope of damages and the amount equivalent to the market price of the aluminium scrap voluntarily disposed of by the Defendant is the damages suffered by the Plaintiffs. As such, the Defendant is from March 1, 2015 to July 23, 2018, the delivery date of the complaint of this case, which is the duplicate of the complaint of this case, as to the Plaintiff A, and the amount of KRW 11,812,350 to the Plaintiff Company.