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(영문) 의정부지방법원고양지원 2015.08.19 2014가합178
손해배상(기)
Text

1. The Defendant’s KRW 762,672,850 as well as 5% per annum from February 9, 2011 to August 19, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 22, 2010, the Plaintiff delegated the sale of the housing owned by the Plaintiff and the withdrawal of deposits to the Defendant, who is South-dong, the Plaintiff, a South-dong, for the sale of the housing site and the housing on the ground owned by the Plaintiff. (2) On June 22, 2010, the Plaintiff entered into a sales contract with the Defendant for each of the above real estate and received the payment from D in full.

3) The Plaintiff, including the Defendant, deposited KRW 851,974,00, which remains after the donation of part of the above purchase price, at the Hop branch of the Bank of Korea. The Defendant intended to run an indoor golf course business in Nowon-gu, Seoul Special Metropolitan City using the above money as business funds, and deposited the money in the account under the name of the Defendant by withdrawing the entire deposit amount at the original branch of the Bank of Korea on February 9, 2011, together with the Plaintiff at the original branch of the Bank of Korea, and depositing the said amount into the account in the name of the Defendant. 4) After the withdrawal of the said deposit, the Defendant regularly borrowed the above amount, “one hundred and fifty-one thousand won worth (one-one settlement amount that is treated as one day to the Defendant): 10% (10%): the period: the Plaintiff and the Defendant (hereinafter “the Plaintiff”) who signed the loan certificate: the Plaintiff and the Defendant (hereinafter “the Plaintiff”).

B. A criminal case against the Defendant: (a) the Plaintiff demanded the return of the above withdrawal amount to the Defendant; (b) the Defendant refused it; (c) the Defendant filed a complaint for embezzlement and fraud suspicion; and (d) the prosecutor, on September 26, 2012, filed a non-prosecution on the ground that there was a reason for exemption from punishment as a relative living together with the Defendant; and (c) the period for filing a complaint against a crime subject to victim’s complaint exceeds the period for filing a complaint; and (d) the Defendant was under interrogation in the investigation process

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