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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 32,340,00 and KRW 25,20,00 among them.
Reasons
1. Facts of recognition;
A. Around March 2003, C engaged in the trading brokerage of used cars, which the Plaintiff purchased five tons of freight trucks (D; hereinafter “instant truck”) at KRW 30,000,000.
On April 9, 2003, the Plaintiff borrowed KRW 10,000,000 from C, and provided a mortgage on the instant truck to C.
B. The Plaintiff installed a saw loaded onto the instant truck, and transported fire saws purchased from the sanctions around that time to the instant truck, and supplied saws purchased from the sanctions to the place where organic fertilizers, such as the saws and spawals, were made. From December 2003, the Plaintiff hired E and had E operate the instant truck, but failed to pay KRW 2,150,000 in total for the portion and 12.
E filed a complaint against the Plaintiff with the Ministry of Labor due to delayed payment of wages, while filing a lawsuit for wage claim with the Seoul Western District Court 2005 Ghana250725 against the Plaintiff, and received a favorable judgment (2.150,000 won and damages for delay from December 26, 2004) from the said court on March 15, 2006.
E not only did not contact with the Plaintiff but also caused difficulties due to the parking problems of the instant truck, etc., and around May 1, 2006, after finding C around May 1, 2006, requested E to resolve the benefits which were not paid from the Plaintiff, and C paid KRW 2,500,000 to E, and stored and used the instant truck.
C. On September 7, 2009, C removed the loading of the instant truck from the Defendant, who was a wife operating a furniture plant from Pocheon City H to F, and thereafter delivered the instant truck to the Defendant, who was a wife operating a furniture plant from Pocheon City H, and thereafter, the Defendant has used the instant truck.
The Plaintiff, where the whereabouts of the instant truck is unknown, was going to find the instant truck on December 17, 201, and discovered the instant truck at the F Parking Lot on which December 17, 2011, and at the time of discovery.