손해배상(기)
1. Defendant B’s KRW 30,442,605 and KRW 26,00,00 among the Plaintiff, respectively, shall be KRW 4,442,605 from August 4, 2011 to KRW 4,442,605.
1. In July 201, the Plaintiff’s assertion that Defendant B was hospitalized in the urology hospital by the Plaintiff, who was a police officer with intellectual disabilities, in the course of paying the Plaintiff’s hospital medical expenses on behalf of the Plaintiff and D, Defendant B became aware of the Plaintiff’s regular deposit account in the name of the Nonghyup Bank in which KRW 27,264,140 was deposited.
Defendant B received a request from the Plaintiff for well-managed management of the said regular deposit from the Plaintiff on behalf of the Plaintiff, and then, on August 4, 2011, the said regular deposit amount was deposited in the said agricultural bank account passbook, Defendant B would receive a loan from the Plaintiff as collateral and used the said regular deposit amount as D’s medical treatment expenses, and then, he received a loan of KRW 26 million from the Plaintiff and embezzled it by arbitrarily consuming it by purchase of precious metals and cost of living.
In addition, around March 5, 2012, Defendant B embezzled KRW 4,442,605 of the remainder on which the said loans were disposed of by offsetting the said loans upon maturity of the said regular deposit account.
Therefore, Defendant B is a tort above, and Defendant C is liable to compensate all damages suffered by the Plaintiff as a person who participated in the tort committed by Defendant B.
2. Determination
(a) Against Defendant B: Confession;
B. According to the statements in Gap evidence Nos. 1 through 6 (including paper numbers), the defendant Eul embezzled KRW 26 million that he/she borrowed as a security for the periodical deposit in the name of the plaintiff, and embezzled KRW 4,442,605 that he/she received upon maturity of the said periodical deposit account, by voluntarily transferring it to the Agricultural Cooperative (E) in the name of the defendant C, his/her cohabiting South Korea, and the defendant Eul was sentenced to imprisonment with labor for April 10, 2014 in Incheon District Court Decision 2014Da159, 338 (merged) and was sentenced to imprisonment with labor for October in the case of the above crime. On June 19, 2014, the appellate court, Incheon District Court 2014No114, which was the appellate court, was sentenced to imprisonment with labor for one year and 4 months, which became final and conclusive, and the above judgment was made final and conclusive as the defendant C's account for the payment of the deposit in the name of the defendant C and the settlement account.