logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.10.25 2016가단72786
예금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 49,154,00 and the interest rate of KRW 15% per annum from June 23, 2016 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition are as follows: (a) comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 3, 4 through 7, 12, 17, 18, 20, and 21, the defendant was in charge of the management, revenue, expenditure, settlement, etc. of the plaintiff clan as the general secretary of the clan from November 11, 2005 to the election of the general secretary of the plaintiff clan at the ordinary general meeting of January 31, 2016 until the new secretary is elected at the ordinary meeting of January 31, 2016; (c) the defendant opened a fixed deposit account of 4,450,000 won which was received as compensation for land E. of the plaintiff clan's cash at the maturity of 50,000 won, opened a regular deposit account of 4,500 won from the year 207 to 4,500,000 won, and opened a deposit account of the defendant clan with the maturity of 507.

B. According to the above facts of recognition, the defendant was no longer a new manager of the plaintiff clan on January 31, 2016, and thus, barring special circumstances, the defendant has the duty to return KRW 49,154,000, which the plaintiff sought from the property of the plaintiff clan, i.e., the property of the plaintiff clan that was entrusted to him/her as a general manager, i.e., the property of the plaintiff clan, i. the property of the 49,154

The defendant is obligated to pay to the plaintiff 49,154,00 won and damages for delay calculated by the rate of 15% per annum from June 24, 2016 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

As long as the primary claim is accepted, the claim for damages caused by the tort, such as denial of return, which is the primary cause of claim.

arrow