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(영문) 수원지방법원성남지원 2015.09.04 2014가단210615
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 24,893,334 and the interest rate of KRW 20% per annum from March 17, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On February 5, 2013, the Plaintiff purchased each machine listed in the separate sheet of corporeal movables (hereinafter “each machine of this case”) from Zatech Co., Ltd. (hereinafter “Zatech”) for KRW 77 million and used Zatech without compensation until March 15, 2013.

B. On June 26, 2012, the Defendant occupied each of the instant machinery from Ztech as an employee of Ztech. However, even if the aforementioned gratuitous use date expired, the Defendant occupied each of the instant machinery by June 27, 2014 without refusal of the Plaintiff’s request for return.

C. On June 14, 2013, the Plaintiff filed a lawsuit against the Defendant seeking the delivery of each of the instant machinery by the Suwon District Court Branch Branching 2013Kadan2293, and received a favorable judgment from the said court on February 7, 2014. The Defendant appealed as Suwon District Court 2014Na8179, but the appellate court dismissed the Defendant’s appeal on December 10, 2014. The said judgment became final and conclusive on December 30, 2014.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 2 through 4, and 6 (including virtual numbers) and the purport of the whole pleadings

2. According to the facts found above, the defendant is obligated to compensate the plaintiff for the damages, as the plaintiff suffered from the illegal possession of each of the machinery of this case due to the damage equivalent to the rent of each of the machinery of this case.

As to the amount of damages, according to the result of the commission of appraisal by this court against appraiser B, the monthly rent of the machines listed in paragraph 1 of the attached Ccorporeal Movables List No. 2013 is KRW 1.3 million, monthly rent of 2014 is KRW 1.3 billion, monthly rent of the machines listed in paragraph 2 of the attached Ccorporeal Movables List No. 2 is KRW 1.440,000, and monthly rent of 2014 is recognized.

Therefore, the defendant is the delivery date of a copy of the complaint in the Suwon District Court case 2013Kadan2293, which the plaintiff sought on July 1, 2013.

From June 26, 2014, the day immediately before the delivery date of each of the instant machines.

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