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(영문) 전주지방법원 2016.01.28 2015나2389
횡령금반환
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 and Eul evidence Nos. 1 to 3:

The Plaintiff is a person who operates the entertainment room, and the Defendant is a person who operates the piracy Co., Ltd. (hereinafter referred to as “piracy”).

B. On September 4, 2006, the Plaintiff issued a merchandise coupon of KRW 3,979 (the amount equivalent to KRW 18,700,000, hereinafter “instant merchandise coupon”) to the Defendant. On the same day, the Defendant: “The Defendant received the merchandise coupon of KRW 3,979 from the Plaintiff, and received the merchandise coupon of KRW 3,979 from the Plaintiff, and issued a merchandise coupon of KRW 3,979 to the Plaintiff that “the Defendant would deposit the merchandise coupon in cash to the Plaintiff immediately after the payment of the merchandise coupon was made.” (hereinafter “certificate of this case”).

C. On September 4, 2006, the Defendant issued a merchandise coupon No. 34,041 to E, who is a D operator of the Navy, and received a merchandise coupon No. 34,041 from E, which read that “E receives a merchandise coupon No. 34,041 from the Defendant, and requested the redemption of the merchandise coupon No. 34,041 from the Defendant, and made a merchandise coupon No. 1, 2006 to pay the merchandise No. 1 to the Defendant immediately when the merchandise coupon price is paid.”

On October 11, 2006, the Plaintiff drafted a letter of payment stating that “The Plaintiff will pay the price for Chapter 3,979 of the Marine money Gift Certificates by the end of October 2006.”

2. Determination:

A. In the first place of the Plaintiff’s assertion as to the cause of the claim, the Defendant, while receiving KRW 18,700,000 from piracy the gift certificates of this case, did not pay to the Plaintiff, is obligated to pay the amount equivalent to the above amount as compensation for damages caused by the tort to the Plaintiff.

Preliminaryly, the defendant shall receive the gift certificates of this case from the plaintiff, and prepare the certificate of this case.

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