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(영문) 서울중앙지방법원 2018.02.09 2015가합581693
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs and Defendant C are children of the network E (hereinafter “the deceased”), and Defendant C is children of Defendant C.

B. As the Deceased died on April 20, 2009, the Plaintiffs, Defendant C, and F succeeded to the rights and duties of the Deceased.

C. On January 21, 2010, at the Seoul Eastern District Court on January 21, 201, Defendant C was sentenced to imprisonment with prison labor for larceny and two years and six months (Supreme Court Decision 2009Dadan2071), and appealed, on November 18, 2010, to be sentenced to exemption from punishment in accordance with the relative precedent, even though it is recognized that the crime of larceny was committed by the same court but is exempt from punishment in accordance with the relative precedent.

(2010No160). The appeal against it was dismissed by the Supreme Court on December 27, 2012 (2010Do16537) and the above appellate judgment became final and conclusive.

Defendant C, on August 12, 2009, proposed the payment to the Bank of Korea in Chapter 26 of the certificate of deposit in this case, and received the total amount of principal and interest.

E. Defendant D is the above Defendant C from November 13, 2009 to December 1, 2009 at the Seoul Central District Court on December 23, 201 to December 1, 2009

Of the certificate of deposit in this case, 26 copies of the certificate of deposit in this case, which were stolen as described in the paragraph, were sentenced to a suspended sentence of two years in August for the crime of acquiring stolen goods by recognizing the fact that it was acquired with knowledge of the fact that it was stolen (Supreme Court Decision 2010No7165). The judgment of appellate court was made and two years was sentenced to imprisonment for the crime of acquiring stolen goods by the same court on August 21, 2014.

(2012No172). The appeal against it was dismissed by the Supreme Court on December 24, 2014 (2014Do1132) and the above appellate judgment became final and conclusive.

F. D B B B from November 13, 2009 to December 1, 2009

As described in paragraph (1), Defendant C received the total sum of the principal and interest of the certificate of deposit transferred by Defendant C through payment presentation to the bank.

G. The Seoul Family Court against Defendant C, Plaintiff B, and F.

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