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(영문) 제주지방법원 2015.05.29 2014가단5011
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment as to the main claim

A. On October 7, 201, the Defendant asserted as the Plaintiff’s husband’s father and wife, and filed the Plaintiff’s name on the two requests for advance payment of term deposits with the Plaintiff’s name attached to the said bank. The Defendant terminated the term deposit of KRW 30 million in the name of the Plaintiff and the term deposit of KRW 21,835,250 in the name of the Plaintiff, and then deposited KRW 53 million in the account in the name of the Defendant or the Defendant’s father, thereby committing an illegal act of embezzlement or defrauding it. The Defendant is liable to compensate the Plaintiff for the said KRW 53 million and damages for delay.

B. According to the reasoning of the judgment of the court below, the Plaintiff deposited KRW 21,835,350, and KRW 30,000,000 in the account of D national flooder deposit in the Korean National Bank on October 7, 2010, respectively, the Plaintiff deposited KRW 53,00,000 in the Defendant’s national bank account on the same day after the termination of each deposit contract as above on October 7, 201, and the Plaintiff deposited KRW 53,00,000 in the Defendant’s national bank account on the same day.

However, it is difficult to recognize that the Defendant, solely on the basis of the above facts, was deceiving the Plaintiff, or embezzled the Plaintiff’s money, in receiving KRW 53 million from the Plaintiff, and there is no other evidence to acknowledge it.

(M) According to the witness C’s testimony, only the Plaintiff appears to have donated KRW 53 million to the Defendant on October 7, 2011. The Plaintiff’s above assertion is without merit.

2. Judgment on the conjunctive claim

A. On October 2013, the Defendant asserted that the Plaintiff would return KRW 35 million out of KRW 53 million to the Plaintiff, without the Plaintiff’s consent, as seen above.

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