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(영문) 서울동부지방법원 2013.12.06 2012가합20015
손해배상 등
Text

1. The Plaintiff:

A. Defendant B’s KRW 205,00,000 and for this, KRW 5% per annum from January 4, 2013 to December 6, 2013.

Reasons

1. Determination on a claim such as damages caused by embezzlement of the proceeds from the sale of real estate

A. Plaintiff’s assertion: (a) from around 2005, Defendant B purchased real estate in the name of the Plaintiff with the above money when the Plaintiff paid the purchase fund; and (b) Defendant B purchased several real estate with the Plaintiff’s funds and received total of KRW 624,020,00 from the purchase price, but paid KRW 345,720,00 to the Plaintiff; (c) Defendant B received KRW 98,000 from the Plaintiff; and (d) 180,300,000 (calculated: KRW 624,020,000 - KRW 345,720,000 - KRW 98,000 - KRW 98,000,000 from the Plaintiff; and (b) Defendants asserted that the above amount should be paid to the Plaintiff on December 26, 2006, KRW 3600,000 among the above agreements that Defendant B and the above amount should be paid to the Plaintiff.

B. 1) We examine the judgment on the claim for payment of KRW 60,000,000, and according to Gap evidence No. 7, the defendants' statement of performance as to December 26, 2006 (hereinafter "the execution statement of this case").

(2) The Plaintiff’s assertion in this part is without merit, as alleged by the Plaintiff, that the Plaintiff received a total of KRW 624,020,000 as sales price, and the Plaintiff received KRW 345,720,00 as sales price, and there is insufficient evidence to acknowledge that only KRW 345,720,000 as to the Plaintiff, as alleged by the Plaintiff, paid KRW 60,00,00 on the part of the claim for payment of KRW 120,30,00 as to the remainder of KRW 120,30.

3. Accordingly, the defendants are jointly and severally liable to the plaintiff 60.

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