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(영문) 전주지방법원 2014.02.04 2012가단36090

보관금 반환

Text

1. Defendant B’s law firm: (a) KRW 50,00,000 on the Plaintiff and 5% per annum from January 27, 2011 to November 8, 2012; and (b).

Reasons

1. Determination as to the claim against the defendant corporation

A. The indication of the claim (1) D entrusts Defendant C, an employee of the Defendant corporation, with the amount of KRW 230 million to be paid to the Plaintiff. However, Defendant C arbitrarily consumed the said money and delivered a promissory note (the promissory note of KRW 500 million at the par value issued on January 20, 201, hereinafter the instant note) at the risk of default to the Plaintiff in order to conceal this fact. The instant note was delivered to the Plaintiff. “The instant bill was paid to the Defendant corporation with KRW 50 million, a sum of KRW 250,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00.

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against Defendant C

A. Basic facts (1) The Defendant Company endorsed and transferred the Promissory Notes in this case issued on January 20, 201 to the Plaintiff, with the face value of KRW 500 million.

(2) On January 26, 201, the Plaintiff paid KRW 50 million to the Defendant corporation.

[Evidence] Each description of evidence Nos. 1 and 2, and the purport of the whole pleadings

B. The Plaintiff asserted and determined as the cause of the instant claim. Defendant C arbitrarily embezzled KRW 230 million that was entrusted to the Defendant corporation to pay to the Plaintiff, and delivered the instant bill to the Plaintiff in order to conceal his embezzlement, and received KRW 50 million from the Plaintiff as a deposit. This constitutes a tort by deception against the Plaintiff by Defendant C, and thus, Defendant C constitutes a tort against the Plaintiff.