손해배상(기)
1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of 5% from September 16, 2017 to January 29, 2020.
1. For the period during which the Plaintiff’s assertion is detained in a criminal case, the Defendant, without the Plaintiff’s approval, made a withdrawal of KRW 83,310,058 in the Plaintiff’s deposit account (Cbank D; hereinafter “instant account”) managed by himself, by either issuing a check or transferring it to the account of the branch, etc., without the Plaintiff’s approval. As such, the Defendant is liable to pay the Plaintiff the above KRW 83,310,058 as compensation for damages caused by the tort, and the damages for delay.
On October 7, 200 1, 200 6,00,000 c. and October 9, 2008 c. 1,487,671 on October 9, 2008 and 3.2,300 E on October 13, 2008 5,900,400 c. 5,300 E on October 17, 2008 3,000 c. 630,650 on October 17, 2008 c. 6,007 0,007 c. 11,000,000 c. 30,000 c. 3,000 c. 10,000 c. 8, 2008 c. 10,000 c. 8, 200 c. 10,008 c.
2. Determination:
A. In full view of the respective entries and the purport of the entire pleadings in the cited part (Attachment No. 5) Nos. 1, 7, and 10 (including where there is a serial number), the Defendant may recognize the fact that he embezzled the said money by transferring the said money to the account in the name of his relative F with the Defendant on October 17, 2008, while managing the instant account, without any specific reason. Thus, this part of the Plaintiff’s assertion is with merit.
B. The part rejected (other than No. 5 of the above [Attachment]) 1 tort has the burden of proving the existence of the harmful act by intentional negligence and the causal relationship between the act and the occurrence of damages to the claimant. Thus, even if the money was withdrawn from the account in the plaintiff's name and was delivered to the defendant, such fact alone is presumed to have been embezzled by the defendant, or the defendant shall be held liable to prove and prove the proper use of the money so withdrawn.