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(영문) 서울고등법원 2017.02.16 2016나2038885
손해배상(기)
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. Party 1) The Plaintiff is a company established by the network HV (the father of G representative director of the Plaintiff, and the death of June 12, 2004), and around 1992, the 12th floor D building located in Jongno-gu Seoul Metropolitan Government (hereinafter “D building”).

(2) The defendant asserted that he retired on May 22, 2006 from the defendant's written reply of July 29, 2014, but the defendant stated that he would dismiss the defendant as the defendant on April 24, 2006 from the defendant's statement in the relevant criminal case (Evidence 2-11) or the content certification (Evidence 2-2) of the plaintiff sent to the defendant on May 25, 2006, etc. in light of the fact that the defendant's retirement date appears to be May 25, 2006, since he stated that he will dismiss the defendant as the defendant on May 25, 2006.

The retirement was made.

B. On May 11, 2006, the Defendant: (a) removed the art works indicated in the [Attachment List (hereinafter “instant art works”); and (b) donated them to the F University Museum on the same day.

(hereinafter “instant donation”). C.

As a result of a criminal trial against the Defendant, the Defendant was indicted on the following facts: “The Defendant embezzled the instant art works owned by the Plaintiff in his/her occupational custody” in relation to the instant donation in around 2013, but was acquitted on January 22, 2014 on the ground that the statute of limitations has expired.

(Seoul Western District Court 2013Ma1357). The judgment became final and conclusive as it is.

(hereinafter referred to as "relevant criminal case"). 【The ground for recognition】 The fact that there is no dispute, Gap 1, 2 (including paper numbers; hereinafter the same shall apply), Eul 9, 10, and the purport of the whole pleadings.

2. Determination

A. The summary of the Plaintiff’s assertion 1) The Defendant is obliged to pay the Plaintiff the damages incurred by the Plaintiff, as follows, due to the following illegal acts in relation to the instant art works, KRW 1.3872 million, which is the market value of the instant art works at the time of the tort, and damages for delay. A)

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