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(영문) 광주지방법원 목포지원 2018.02.08 2017가단3145
손해배상(기)
Text

1. The Defendants jointly pay to the Plaintiff KRW 23.8 million and the interest pertaining thereto from July 13, 2017 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is the Defendant B Limited Company (hereinafter “Defendant Company”).

(i) Dbera cracked vehicles owned by the Defendant Company (hereinafter referred to as “instant vehicles”);

After having agreed to purchase, August 5, 2014, E (the representative director of the Defendant Company was retired on September 30, 2014) at the time of the Defendant Company’s representative director.

(2) Defendant C, who was appointed to the representative director of Defendant C following the full payment of the purchase price and the acquisition of the instant vehicle, was aware of the foregoing fact and, on December 18, 2015, he had G, who was parked in F on December 18, 2015, drive the instant vehicle as the office of Defendant C using a vehicle auxiliary key, without justifiable grounds.

3) Defendant C was indicted by the District Court Decision 2016Kadan494 and was convicted on April 7, 2017 by obstructing the exercise of rights as to the above criminal facts, and the said judgment became final and conclusive thereafter. Meanwhile, the market price at the time of the instant vehicle is KRW 23.8 million.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 3 and the purport of the whole pleadings

B. According to the above facts of recognition, Defendant C, who had the instant vehicle that the Plaintiff acquired from the Defendant Company, committed an illegal act, and the Plaintiff was unable to use the instant vehicle with an amount equivalent to KRW 23.8 million.

Therefore, Defendant C and the Defendant Company (the representative director of Defendant C is liable for tort under Article 35(1) of the Civil Act because they committed tort) are jointly obligated to pay jointly to the Plaintiff KRW 23.8 million and delay damages calculated at the rate of 15% per annum from July 13, 2017 to the day of full payment, as requested by the Plaintiff, from the day following the day when the duplicate of the complaint of this case was served to the Defendants.

2. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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