손해배상(기)
1. All appeals filed by the plaintiff and defendant B are dismissed.
2. Of the appeal costs, the part arising between the Plaintiff and the Defendant B.
1. Facts of recognition;
A. Defendant C is an attorney-at-law who operates an attorney-at-law office (hereinafter “instant attorney-at-law office”) in accordance with 501 of Busan District E.S. E. 501, and Defendant B was a person who worked as the head of the said attorney-at-law office, and Defendant B’s son was a person who was in charge of the receipt of a litigation case, preparation for a trial, and accounting affairs while working as an assistant to the said attorney
B. The Plaintiff requested Defendant C to refund the purchase price and pay damages against the commercial construction company.
From the appellate trial of the above civil procedure that Defendant C performed on behalf of the Plaintiff (Jansan District Court 201Na7847) on June 7, 2012, Defendant C was sentenced to a judgment partially accepting the Plaintiff’s claim.
C. Upon the judgment of the above appellate court, the Plaintiff requested the attorney-at-law office of this case to proceed with compulsory execution procedures based on the judgment.
However, according to the evidence No. 2, 230,00 won, June 15, 2012, and June 19, 2012, according to the evidence No. 4,100,000 won, the Plaintiff could be found to have remitted KRW 4,107,90 on June 19, 2012, although it appears that the said KRW 7,900 was remitted under the pretext of commission, even though it was thought that the Plaintiff did not proceed with the compulsory execution procedure even if having received money from the Plaintiff, as if he would normally proceed with the compulsory execution procedure. However, the amount of KRW 11,030,00, which is the amount recognized in a criminal case against D, shall be deemed as the amount acquired by the Plaintiff.
On June 27, 2012, the sum total of KRW 11,030,000,000 was remitted to the account in the name of F, which is the wife of D and acquired by fraud.
(hereinafter “instant illegal act”). D.
After that, D returned to the Plaintiff KRW 6,500,000 out of the above KRW 11,030,000.
E. Meanwhile, D is a criminal fact that he/she acquired a total of KRW 708,090,000 from many victims including the Plaintiff in the same manner as described in the foregoing sub-paragraph (c) and was sentenced to imprisonment of three years from the first instance court to December 17, 2013, and D.