beta
Text
1. The Plaintiff:
A. Defendant A and B jointly share KRW 276,127,026 and their related thereto from October 2, 2014 to March 9, 2016.
Reasons
Plaintiff
The summary of the argument
A. As indicated in the separate sheet Nos. 1 through 49, Defendant A and B, as indicated in the separate sheet No. 173,229kg, stolen an Aluminy cans, compresseds, etc. owned by the Plaintiff and disposed of to Defendant D Co., Ltd. (hereinafter “D”), and Defendant D was negligent in neglecting his/her duty of care to ascertain whether the said article was a stolen article at the time of acquiring it or was distributed to a normal route.
Therefore, Defendant A, B, and D, as joint tortfeasor, are obligated to pay to the Plaintiff a total amount of KRW 276,127,026, which is the sum of damages calculated by 1,594 won/km with respect to compressed cans, compresseds, etc. (=173,229 x 1,594 won) to the Plaintiff as joint tortfeasor.
B. As indicated in the separate list Nos. 50, 51, 52, Defendant A and C, as indicated in the separate list Nos. 50, 51, and 52, they stolen an Aluminium cans equivalent to a total of 17,600 kilograms owned by the Plaintiff and disposed of to Defendant D, and Defendant D was negligent in failing to perform its duty of care to ascertain whether the above articles were stolen or distributed in a normal route, although it was known that they were stolen
Therefore, as a joint tortfeasor, Defendant A, C, and D are obligated to pay to the Plaintiff KRW 28,054,40,00 (i.e., KRW 17,600 x 1,594 x 1,594) the remainder after deducting KRW 21,120,000, which Defendant C deposited as damages (i.e., KRW 28,054,400 (= KRW 28,054,400) from the sum of damages calculated by 1,594 won/km with respect to compresseds of Aluminium cans (i.e., KRW 17,600 x 1,594).
2. Whether the determination of the claim against Defendant A, B, and D constitutes a joint tort or not, at the Plaintiff’s workplace on July 5, 2013, Defendant A and B, using the gap where surveillance in the surroundings was neglected, reported to the network by Defendant B, and Defendant A, acting as if they were engaged in work, committed an act as if they were doing, and committed a theft by carrying heavy compressors on the “house truck”, and then by carrying them on the “house truck” from that time to July 17, 2014, as shown in the [Attachment 1 to 49] list No. 173,229km over 49 times in total.