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(영문) 서울동부지방법원 2017.05.25 2016가합100438

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 500,000,000 and as from February 1, 2013:

B. Defendant D.

Reasons

Facts of recognition

Defendant B and C recommended the Plaintiff from around B, 2012, to make an investment to the effect that “us is engaged in the business of cultivating the underground funds of former presidents, and if you leave KRW 500 million, they will be punished by KRW 1.3 billion in the work with the said money.”

Accordingly, on January 9, 2013, the Plaintiff opened an account of community credit cooperatives under the name of Defendant B (hereinafter “instant account”) and deposited KRW 500 million into the said account, and the Plaintiff directly set a password so that Defendant B could not withdraw the said money at will. Defendant B sent the said account passbook to Defendant C.

In the meantime, Defendant C demanded Defendant B to withdraw the check from the instant account without the Plaintiff’s consent, and Defendant B terminated the instant account itself on February 1, 2013 and withdrawn KRW 500 million, and deposited all the deposited money into another account under his name.

On February 5, 2013, Defendant B withdrawn five cashier’s checks of KRW 100 million at the face value (hereinafter “instant checks”) from the said account, and issued the check to Defendant D, who was the president of the Suhyup Bank E branch at the time.

Upon receipt of the instant check from Defendant B, Defendant D prepared a custody certificate stating that “Defendant B, custodian, Defendant D, cashier’s cashier’s checks in custody totaling KRW 500 million, and until February 8, 2013,” and issued it to Defendant B. Defendant D transferred the check to F, who is a son, on the day he received the instant check.

As the Plaintiff urged Defendant B to return the above KRW 500 million, Defendant B had fleded on March 7, 2013, and was discovered on March 14, 2014. On the same day, the Plaintiff and Defendant B received a letter stating that “I would confirm that I could not withdraw KRW 500 million from others without the consent of the principal (including the Plaintiff)” from Defendant D.

The Plaintiff and Defendant B found Defendant D again on March 23, 2013.