(영문) 서울북부지방법원 2018.11.15 2016가합1360

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(영문) 서울북부지방법원 2018.11.15 2016가합1360

계금반환

Text

1. The Defendant’s KRW 167,571,750 for the Plaintiff and KRW 5% per annum from August 11, 2015 to November 15, 2018.

Reasons

1. Basic facts

A. The status of the party is that the monthly amount of 1,250,000 won per unit has been gradually decreased, and the fraternity that received the fraternity shall be paid in 1,250,000 won per month after the receipt of the fraternity, and 50 times per month, and the number fraternity that shall be paid in 40 times per unit (the specific method of payment and payment of the fraternity shall be the same as the attached table) has been organized and operated, and the plaintiff shall be the fraternity operated by the defendant.

B. The final judgment of the criminal case against the Defendant was finalized on September 4, 2015, by the Defendant’s appeal (No. 2015No498) was dismissed on March 12, 2015, and the judgment became final and conclusive as it is, on September 4, 2015, due to the following facts constituting the crime in relation to the 15-day limit of the number of the Defendant’s organization and operation:

(hereinafter referred to as “related criminal case.” Around July 15, 2009, the Defendant is the subject of a number of 50,000 won (one thousand,250,000 won each time after the receipt of the fraternity money) organized by the Defendant’s father and wife in Dongdaemun-gu Seoul, Seoul, in the office of “D Real Estate” (hereinafter referred to as “D Real Estate”).

1. The Defendant committed the crime on February 15, 2013, received KRW 52,500,000 from the said members of the said office around February 15, 2013, from the said members, the Defendant had the duty to pay KRW 52,50,000 to the Plaintiff, which is the cause of the foregoing forty-three-three-three-three-three-three-three-day fraternity payments.

Nevertheless, the defendant violated his duties and did not pay 10,000,000,000 won out of its fraternity to the plaintiff, and at that time, he consumed without permission from the above office to another fraternity operated by the defendant.

Accordingly, the defendant acquired property benefits equivalent to KRW 10,000,000, and suffered damages equivalent to the same amount as the victim.

2. The defendant committed on April 15, 2013 at the above office around April 15, 2013.

유사 판례

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-수원지방법원 안양지원 2012.10.25 2012고단592

-부산지방법원 2020.01.10 2019나3278

-광주지방법원 2015.11.13 2014나12771