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의정부지방법원 2015.11.25 2015가단110225

손해배상(기)

Text

1. The Defendant’s KRW 74,59,580 as well as its related KRW 5% per annum from December 10, 2014 to June 15, 2015, and June 16, 2015 to the Plaintiff. < Amended by Presidential Decree No. 26357, Jun. 16, 2015>

Reasons

1. Facts of recognition;

A. On December 10, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the following terms: (a) the lease deposit amount of KRW 90 million (hereinafter “the instant lease deposit”); and (b) the term from December 10, 2012 to December 9, 2014 (hereinafter “instant lease agreement”).

B. The Defendant borrowed KRW 72 million from LIG Damage Insurance Co., Ltd., and established a pledge against KRW 86.4 million out of the instant lease deposit, and the Plaintiff consented to the said pledge on December 7, 2012.

C. On June 6, 2014, upon the Defendant’s request, the Plaintiff returned KRW 90 million to the Defendant.

Although the Plaintiff demanded the Defendant to return the lease deposit of this case, the Defendant did not comply with it, and December 8, 2014 and the same month.

9. LIG Damage Insurance Co., Ltd. repaid the Defendant’s total amount of loans and interest amounting to KRW 74,59,580.

E. The Defendant was charged with the custody of KRW 72 million as the deposit created by the pledge and the Plaintiff’s failure to return the deposit to the Plaintiff. On June 29, 2015, the Defendant was sentenced to imprisonment with labor for up to eight months on the charge of embezzlement.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. According to the above facts of determination as to the cause of the claim, the defendant shall be liable for damages to the plaintiff as a tortfeasor. As such, the defendant is obligated to pay to the plaintiff the amount equivalent to 74,59,580 won of embezzlement and 5% per annum as prescribed by the Civil Act from December 10, 2014 to June 15, 2015, as the plaintiff seeks, from June 15, 2015, the delivery date of a duplicate of the complaint in this case, 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 16, 2015 to September 30, 2015, and 15 from October 1, 2015 to the day of full payment.

3.