구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around December 2006, the summary of the Plaintiff’s assertion of the cause of the claim C delivered KRW 1 billion (950 million, part of the security deposit, 50 million) to the Defendant on the pretext of the expenses and the down payment necessary for acquiring the D Bank located at Jeju-si. The Defendant agreed to return the said amount of KRW 950 million (the money received under the name of the contract deposit) out of the said amount to C (hereinafter “instant return obligation”), and the Plaintiff guaranteed the repayment obligation of the instant return obligation.
However, even though the Defendant did not return KRW 950 million to C, the Plaintiff returned KRW 1 billion to C upon C’s request for repayment.
Therefore, as the principal obligor of the obligation to return this case, the Defendant is obligated to pay the Plaintiff the above KRW 950 million and the damages for delay as claimed by the Plaintiff out of the above KRW 950 million to the Plaintiff who repaid the Defendant’s obligation on behalf of the surety.
2. Determination
A. The Plaintiff’s repayment of KRW 1 billion to C around March 2007 may be recognized in full view of the purport of the entire pleadings in each statement of KRW 3 and 5.
B. However, in full view of the purport of the entire pleadings, the following facts and circumstances are also acknowledged as well as evidence Nos. 3 and 5.
① Defendant and Defendant E were accused of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement 2009) in the Jeonju District Public Prosecutor’s Office, and the fact of being accused of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement 2462), among which, “The fact of having been accused of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement 2009)” was that “The Defendant and E conspired to receive KRW 1 billion as deposit money for the outstanding payment of the purchase of D Bank from C and embezzled it at will,” but at the time of investigation, the Defendant made direct deposit money from C.