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(영문) 부산지방법원 2014.05.30 2013가단7499

부당이득금등 반환

Text

1. The Plaintiff:

A. Defendant B shall pay 24,270,000 won and 20% per annum from May 3, 2014 to the date of complete payment.

Reasons

1. Around February 10, 2009, the Plaintiff visited the Defendant D’s office (hereinafter “instant office of attorney-at-law”), an attorney-at-law, to appoint the attorney of the Plaintiff’s claim for consolation money based on the Plaintiff’s death accident (hereinafter “instant claim for consolation money”).

The plaintiff met the defendant C, a chief secretary at all times.

Defendant C introduced Defendant B, who was the Plaintiff, as the chief of office, to the Plaintiff, and was in charge of all affairs related to the instant lawsuit claiming consolation money.

From that end, the Plaintiff: (a) entrusted Defendant B with all activities related to the instant claim for consolation money; (b) paid 1.5 million won on February 12, 2009 to Defendant B directly in terms of various litigation costs at Defendant B’s request; and (c) remitted KRW 5,477,00 to Defendant D’s account several times from February 16, 2009 to November 9, 2012.

Since then, the Plaintiff became aware that the said money was not used as the litigation cost of the claim for consolation money, and the Defendants filed a complaint under suspicion of fraud.

Accordingly, in the case of fraud, occupational embezzlement, including Busan District Court Decision 2013Da3370, Defendant B, “The fact that Defendant B was in charge of the receipt of civil and criminal cases, preparation for trials, and accounting affairs while working as an employee of Defendant D attorney-at-law office, was not notified to the attorney-at-law even if he was paid attorney fees, or even if he was aware of the attorney’s fees, he was thought to receive additional expenses not to be paid by the attorney-at-law, but he was willing to receive the money by deceiving the victims as if he would normally perform the litigation affairs. From December 29, 2008 to December 5, 2012, Defendant B was sentenced to the punishment of imprisonment on December 17, 2013 (Defendant B’s appeal No. 2014, Jun. 14, 2014) by acquiring the money from the victims including the Plaintiff from December 29, 208 to December 5, 2012.”