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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. B, on January 12, 2013, received 290 heads of pigs from the Plaintiff (hereinafter “instant pigs”), and on February 1, 2013, as the owner of the instant pigs, B drafted a written agreement with the Plaintiff that he/she would not perform any transfer, establishment of security, or other disposal of the said pigs (hereinafter “instant agreement”), and on February 4, 2013, B drafted a monetary loan agreement with the Plaintiff, debtor, B, loan amounting to KRW 50,700,00, interest rate of KRW 0.5%, maturity date of payment, April 25, 2013, and the object of security for transfer as the instant swine.
(hereinafter “instant transfer security agreement”). B.
B was provided with 200 pigss from E by the introduction of the defendant around February 21, 2013, and around that time, completed a monetary loan contract for the lending of security for the said pigs between E and E. It was notarized.
C. B sold 210 heads of pigs raised to E on May 22, 2013, and the Defendant participated in the process of removing pigs. D.
On May 22, 2013, in collusion with B, the Defendant: (a) sold 30,00 won out of 290,000 won of the instant pigs 290, offered as security for transfer to the Plaintiff; and (b) caused E to obtain property gains equivalent to KRW 5,70,000; and (c) was prosecuted on September 24, 2014; and (d) the judgment became final and conclusive on July 14, 2016.
(hereinafter referred to as "relevant criminal case"). [The grounds for recognition] The fact that there is no dispute, entry of Gap evidence 1 through 7, and 10, and the purport of the whole pleadings.
2. According to the above facts finding as to the cause of the claim, the Defendant, in collusion with B on May 22, 2013, sold the amount equivalent to 5.7 million won (1.9 million won per head) at the market price of 30Du20,000 (1.9 million won per head) out of the instant pigs offered as security for transfer to the Plaintiff, thereby causing damages equivalent to the Plaintiff. Accordingly, the Defendant is jointly with B, and thus, the Plaintiff.