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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. From July 29, 2014, the Defendant: (a) operated a glamping site within the Chungcheong B Bathing beach; (b) destroyed each movable property indicated below the Plaintiff’s ownership (hereinafter “each movable property of this case”) by using the glamping site without permission; and (c) making profits therefrom.
The defendant is obligated to compensate the plaintiff for damages equivalent to the fees for the use period during the above period, which the plaintiff suffered due to the use or loss of the above corporeal movables, from July 29, 2014 to September 30, 2016, as follows: 7,800,000 won, 1930,820,000 won, 1930,000 won, 1930,000 won, 195,000 won, 195,000 won, 195,000 won, 30,000 won, in total, 30,000 won, from July 29, 2014 to September 30, 2016.
2. Determination
A. From July 29, 2014 to November 201, 2014, the Defendant did not dispute the fact that each of the instant movable property was used during the pertinent period until the suspension of operation of a camping site. As such, as to whether the Defendant used and used without permission each of the instant movable property while being aware that each of the instant movable property was owned by the Plaintiff during the pertinent period, it is difficult to believe that the Defendant’s entry of No. 2 No. 3 (C’s factual confirmation) in the evidence No. 4 in light of the written statement No. 3, and there is no other evidence to prove otherwise.
Rather, the following circumstances, comprehensively taking account of the respective descriptions and arguments of evidence Nos. 1 through 4, namely, ① as the president of the Baan-gun, entrusted with the management and operation of bathing beach facilities, such as the bathing beach and camping site, by the head of Taean-gun, C was engaged in a club operation-related business with the Plaintiff; ② the Plaintiff and C around April 24, 2014, the Daejeon District Court Seosan-Support 2013No1022, Seosan-gu, Daejeon District Court on the auction of corporeal movables, which was sold to Nonparty D with DNA 30, and container 1 was no longer unable to operate the camping site.