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(영문) 서울중앙지방법원 2019.06.13 2018가합500046

손해배상(기)

Text

1. Defendant B shall pay to the Plaintiff KRW 33,840,00 and the interest rate of KRW 15% per annum from October 3, 2018 to the date of full payment.

Reasons

1. Common factual relations;

A. The Plaintiff is a company that operates flexible radio communications and additional telecommunications advertising, etc., and Defendant B is a person who served as a manager of the Plaintiff’s advertising project, and Defendant C, D, E, F, G, H, and I (hereinafter the Defendants together referred to as “Defendant C, etc.”) is a person in a relationship with Defendant B.

B. Defendant B, while taking charge of advertising marketing, such as J, K, L, etc., who is the Plaintiff’s advertiser, made a false statement to the Plaintiff Company as if he/she was in charge of a famous and beauty marketing, and deposited KRW 33,840,000 in the account of Defendant C, etc. with prior consent from May 2014 to August 2015.

C. Meanwhile, Defendant C, etc. received request from Defendant B to inform the Plaintiff’s account number, personal information, etc., and consented thereto, and returned the Plaintiff’s funds to Defendant B by means of remitting them again if they were deposited into the name of the Plaintiff’s account. Defendant B returned each of the above amounts to Defendant B and used them individually.

On November 17, 2016, Defendant B was sentenced to one year and six months of imprisonment, three years of suspended execution (2016Da5599), and the above judgment on November 25, 2016, which became final and conclusive as of November 25, 2016.

【Unsatisfy-founded facts (only between the plaintiff and the defendant C, etc.), Gap evidence Nos. 1 through 6 (including each number in the case of additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1, Eul evidence Nos. 1, 2, Eul evidence No. 1, 3, Eul evidence Nos. 1, 1, 3, 1, and the purport of the whole pleadings

2. According to the above facts in determining the claim against Defendant B, Defendant B committed an illegal act by deceiving the Plaintiff and deceiving the Plaintiff’s money of KRW 333,384,00,000,000. Accordingly, the above Defendant did so.