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(영문) 대전지방법원 2019.03.27 2018가합106436
부당이득반환 청구
Text

1. The Defendant’s KRW 200,968,166 as well as the Plaintiff’s annual rate of KRW 5% from September 13, 2018 to March 27, 2019.

Reasons

1. Facts of recognition;

A. Relevant criminal cases and civil cases 1) The Plaintiff, as a certified public appraiser, was indicted for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and the Public Notice of Values and Appraisal of Real Estate Act (hereinafter “C, D, and E”), together with the Daejeon District Court’s 2016Da207, 220 (combined), and 235 (Joint), and the said court convicted the Plaintiff of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and the Public Notice of Values and Appraisal of Real Estate. On January 12, 2018, the said court found the Plaintiff not guilty of the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “B, etc.”), which was the Defendant’s president, the head of the loan team C, and F, with E, who was the representative director of the company, and sentenced F, to the Defendant who is the victim, for an excessive evaluation of collateral.

(2) As to the Plaintiff, etc. as the Daejeon District Court Branch Decision 2017Gahap100379, the Defendant: (a) caused excessive appraisal and assessment of collateral intentionally or by negligence; and (b) violated C and D’s duties.

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