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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
Reasons
1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:
The Plaintiff filed a lawsuit against the Defendant for the attachment of a chartered bus that had been located in the Defendant upon the Plaintiff’s request for auction, with the Defendant’s representative director’s arbitrary separation and removal of the seat and other parts of the chartered bus that had been installed in the above chartered bus, thereby causing property damage equivalent to KRW 1.6.8 million as the appraisal was awarded in the amount of KRW 8.2 million. As the auction procedure was delayed due to the Defendant’s representative director’s removal of parts, the Plaintiff filed a lawsuit for the damages of KRW 2.3 million and KRW 32 million, including towing fees, KRW 4.4 million, KRW 87 million, KRW 87,000, KRW 87691, KRW 300,000, KRW 32.4 million, KRW 208,000, KRW 4.5 million, KRW 200,000, KRW 38450,000,000, KRW 250,000,000.
B. However, on October 13, 2009, the court of first instance sentenced only 22 million won on the ground that “The entries in the evidence A or 4 alone are insufficient to recognize that the act of the representative director of the defendant, by means of the act of the defendant representative director, losses of 16 million won due to the decline in the value of the chartered bus, parking fees of 2 million won, towing fees of 450,000 won, towing fees of 870,000 won, and there is no other evidence to prove otherwise.”
C. On June 28, 2011, the court of first instance, while the plaintiff filed an appeal (the District Court 2009Na14273) against the above judgment, requested the plaintiff's claim by the court of first instance.