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(영문) 서울서부지방법원 2016.06.22 2015가합35508
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff is a company running a pellet lending business (pallet, cocket for loading, unloading, transporting, storing, etc. goods, hereinafter referred to as “pletlet”) and the Defendant is a person who operates a plastic renovation project in the trade name of “C”.

B. The theft of pellets and the acquisition of stolen goods, E, F, etc. (hereinafter “D, etc.”) cut down pellets leased to the trading company and sold them to G. G, by crushing them, sold them to the Defendant (hereinafter “instant crushing”).

At the request of G, the Defendant deposited the price into G’s borrowed account, and the tax invoice was not issued.

C. The state of a stolen rolet was spawd or spawd by the Plaintiff. Among them, any more distributed in the city was promptly spawd, and the Plaintiff’s trade name stated the phrase “KP A (State) property. When disposing of (sale, lease, etc.) or using (sale, lease, etc.) without permission, it would be subject to criminal punishment, such as theft, embezzlement, and stolen acquisition.”

[Ground of recognition] The facts without dispute, Gap 1 through 4-3, and the fact-finding inquiry results of the Korea Container Association, an incorporated association, and the purport of whole pleadings

2. The Plaintiff’s assertion asserts that the Defendant, in collusion with G or by negligence, acquired the instant groundized goods, which are the stolen goods, and sold them after reprocessing, thereby incurring property loss to the Plaintiff, and sought payment of KRW 500 million as compensation for damage.

3. On the one hand, joint tort under the Civil Act is established when several acts objectively related to each other cause damage to another, and it does not require the common intent or common perception among the actors, but it is at least in order to impose liability on a certain person for joint tort.

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