beta
(영문) 서울중앙지방법원 2014.11.19 2013가합552387

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B is KRW 152,00,000, and 5% per annum from March 30, 2011 to December 29, 2013.

Reasons

The summary of the case is the case where Defendant B re-entrusted the sale of the Dmond, which was entrusted by the Plaintiff, but D loaned the money of Defendant C to be arbitrarily entrusted to the D, and the case was disposed of while Defendant C kept it as a collateral. Under the reasoning that the Plaintiff, the owner of Dmond, who was the owner of Dmond, claimed against the Defendants the payment of the amount equivalent to KRW 152 million equivalent to the Dmond value due to the illegal act, such as embezzlement, etc., and the Plaintiff, as the owner of Dmond, sought the payment of KRW 150 million equivalent to the Dmond disposal price, based on the conjunctive liability for return of unjust enrichment.

In fact, the status of the parties to the claim against Defendant C is the trade name of “F” in Article 207 of the Jongno-gu Seoul Ebuilding 207, Defendant B is the trade name of “H” in Article 211 of the Jongno-gu Seoul Metropolitan Government G Building 211, and D is the bail trade name of “J” in Article 111 of the Jongno-gu Seoul Metropolitan Government I Building 11

Defendant C is a lawyer.

On October 21, 2010, Defendant B, who entered into an consignment sale agreement and a sub-entrusted sale agreement, was entrusted by the Plaintiff with the sale of Damond 2 (hereinafter “the instant multimond”) of Damond 100,000,000,000 won, and then re-entrusted D with the sale of Damond 2 (hereinafter “the instant multimond”). < Amended by Presidential Decree No. 22420, Oct. 26, 2010; Presidential Decree No. 22420, Oct. 48, 2010; Presidential Decree No. 22420, Oct. 2, 2010>

D, however, on October 21, 2010 and October 27, 2010, borrowed KRW 95 million from K in the pawnan business owner, and deposited the instant multimond.

(D) The Defendant B was sentenced to four years of imprisonment with prison labor for the same or similar fraud, including the fraud of the instant multimond. The recovery and disposition of the multimond is the obligation to deposit KRW 98,300,000,000,000,000,000,000 won provided by Defendant C with Defendant C upon the request of Defendant C for the loan of the money to recover the multimond.