(영문) 서울중앙지방법원 2015.02.05 2013가합540254

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(영문) 서울중앙지방법원 2015.02.05 2013가합540254

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 20, 201, C concluded a security agreement with the Plaintiff on the ownership of pigs 5,000 mas, which were raised at the money shed located in Ansan in order to secure a monetary obligation against the Plaintiff on April 20, 201, and delivered it by means of possession and alteration.

C On October 18, 201, he again provided the Plaintiff with 5,000 pigs owned by the Plaintiff as security for transfer and delivered them by means of possession revision.

B. On February 17, 2013, E, an operator of the said money company, sold at KRW 169 million pigs raised in the said money company to Defendant A for KRW 1300,000,000, and around that time, delivered them to Defendant A.

C. On April 16, 2013, C provided the Plaintiff with 3,160 maws owned pigs as security and delivered them by means of possession revision. D.

After that, on May 19, 2013, F and Defendant B, a manager of the said money company, sold and removed pigs 800 mas raised in the said money company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. On February 17, 2013, Defendant A, in collusion with C and F on February 17, 2013, committed a breach of trust in an amount equivalent to KRW 169 million at the market price offered as security for transfer to the Plaintiff, thereby causing damage equivalent to the Plaintiff. As such, Defendant A is liable to compensate the Plaintiff for such damage.

In addition, the Defendants, in collusion with C and F on May 19, 2013, committed a breach of trust in an amount equivalent to KRW 100 million at the market price offered as security for transfer to the Plaintiff, and caused damages equivalent to the amount to the Plaintiff. As such, the Defendants are liable to compensate for the damages to each Plaintiff as joint tortfeasor.

B. Each description of the evidence Nos. 3, 4, and 5 is alone with respect to the pigss of the Defendants.

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