(영문) 부산지방법원 2016.10.20 2016가단8301

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(영문) 부산지방법원 2016.10.20 2016가단8301

손해배상(기)

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1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of 5% from February 20, 2016 to October 20, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a person who sells singing machines with the trade name of “C”.

B. On June 2, 2015, the Plaintiff leased the first floor of the Dong-gu Busan Metropolitan City D Building (hereinafter “instant warehouse”) owned by the Defendant and kept the singish machine from the Defendant.

C. From December 2015, the Plaintiff and the Defendant had a dispute over the termination of the lease agreement on the warehouse of this case and the delivery of the warehouse of this case.

On January 8, 2016, the Defendant mobilized the seal of the Plaintiff on the ground that the lease contract for the warehouse of this case was terminated, but the chain key was cut down at the door of the warehouse because the Plaintiff did not put the warehouse of this case.

E. On January 12, 2016, the Defendant: (a) mobilized the seal of the Plaintiff’s warehouse; (b) excavated the wall of the instant warehouse; and (c) removed the Plaintiff’s phishing machine stored in the warehouse from the warehouse; and (d) thereby, partially damaged the phishing machine owned by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 9 and 10 (including paper numbers, hereinafter the same shall apply), witness E's testimony, the purport of the whole pleadings

2. As alleged in the grounds of appeal and judgment, the Plaintiff arbitrarily destroyed the key of the warehouse of this case and damaged the Plaintiff’s singinging machine in the warehouse without any authority. Accordingly, the Plaintiff suffered property damage and mental suffering such as hospitalization by the Plaintiff’s wife, and thus, the Defendant is obligated to pay consolation money to the Plaintiff KRW 10 million and damages for delay.

According to the above facts, it is recognized that the defendant arbitrarily mobilized the seal of the defendant to damage the key of the warehouse of this case and carried out the plaintiff's phishing machine in custody in the warehouse, and that the defendant's taking out of the warehouse caused damage to the plaintiff's phishing machine due to the plaintiff's taking out of the warehouse, and the circumstances leading up to and details of the damage, and

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