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(영문) 의정부지방법원고양지원 2019.08.14 2018가단87947
횡령금 반환청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff asserts that ① the Defendant arbitrarily consumed and embezzled KRW 100,000,000, out of the amount of KRW 200,000,000 that the Plaintiff received in the course of transferring C restaurant to D in the case of Pakistan operated by the Plaintiff, and ② the Plaintiff lent the sum of KRW 67,805,530 to the Defendant.

However, each of the statements in Gap evidence Nos. 1 and 4 alone is insufficient to recognize the embezzlement and lending alleged by the plaintiff, and there is no other evidence to acknowledge it, and rather, it can be acknowledged that the decision that the plaintiff was suspected of being guilty in a criminal case in which the plaintiff filed a complaint for embezzlement of the defendant based on each of the statements in Gap evidence Nos. 4 and Eul evidence No. 8.

Therefore, the plaintiff's claim is dismissed.

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