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(영문) 수원지방법원 2015.04.09 2014나33656
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From November 201 to June 201, 201, the Plaintiff newly built studio in Gyeonggi-gun, Gyeonggi-gun, Inc., and covered the remaining construction materials that can be recycled on the adjacent Dmomoel road after the completion of construction with a tent.

B. On August 2012, the Plaintiff came to know that the building materials to be reusable at the above location were destroyed by the said posted building materials.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The Plaintiff’s assertion that around August 2012, the Defendant stolen the Plaintiff’s building materials owned by the Plaintiff, which were kept on the Domo-gun Dmo-gun, G, Gyeonggi-do, and thus, the Defendant is obligated to pay 3 million won and damages for delay, which are equivalent to the market price of the said building materials, due to damages for the tort.

B. According to each of the statements in evidence Nos. 1, 2, 3, and 5, the plaintiff filed a criminal complaint against the defendant with the National Police Station in the annual police station on May 2013 on the charge of larceny of building materials stored adjacent to the DNA telecom. Accordingly, the fact that the police investigation against the defendant was conducted is recognized, but it is also acknowledged that the defendant was subject to a non-prosecution disposition by the Government Prosecutors' Office on July 16, 2013 on the charge of the above complaint. The facts acknowledged earlier and the evidence submitted by the plaintiff alone are insufficient to acknowledge that the defendant was a stolen building materials kept by the plaintiff on the end of August 2012, and there is no other evidence to acknowledge otherwise.

Therefore, the Plaintiff’s above assertion is without merit to examine further the amount of damages.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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