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(영문) 수원지방법원 2019.01.23 2017가단12970
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed in entirety.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, who is an enterprise engaged in plastic withdrawal and gold production, was entrusted with the gold-type sales of Nonparty E Co., Ltd. (hereinafter “E”), and was engaged in plastic withdrawal in accordance with the order form, and Defendant C entered into a subcontract for the manufacture of plastic products with the Plaintiff from June 2016 to supply them.

B. Defendant C was entrusted by the Plaintiff for the production of the subcontracted product on August 2016.

C. Around March 2017, Defendant C transferred the gold-type to the Plaintiff’s new factory located in G (hereinafter “Plaintiff factory”) and continued production. D.

around 20:00 on April 8, 2017, Defendant C removed the gold-type and plastic raw materials at the Plaintiff’s factory (hereinafter “the gold-type”) and the specific quantity of plastic raw materials from Asan City to H.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 14, Eul evidence Nos. 3 and 4 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendants were stolen from the Plaintiff’s factory as well as finished products and raw materials of the Plaintiff’s factory, including the 7 set-type mold and semiconductor 4 boxes, or arbitrarily shipped them into the Plaintiff’s factory, and thus constitutes a tort. Therefore, the Defendants, as joint tortfeasor, are liable to pay the Plaintiff the total amount of damages (26,75,000 won 2,952,475,000 won 26,750,000 won 26,750,000 won 5,148,000 won 275,50,000 won 275,50,000 won 27,360,000 won) and damages for delay as follows.

(A) Even if the Defendants’ tort is not constituted, the Defendants are liable to pay the Plaintiff the amount of the payment by subrogation of the reimbursement, and the amount of the payment by subrogation of the reimbursement. (1) The Defendant is liable to pay the said amount to the Plaintiff by unjust enrichment.

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