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(영문) 서울중앙지방법원 2021.01.08 2019가합522661
부당이득금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. During the process of managing the Plaintiff’s funds as the financial director, the J was convicted of the Defendant on the grounds that (i) transferred the Plaintiff’s funds from October 2015 to May 2018 to the deposit account of the Internet gambling site, such as the Plaintiff’s account in the name of the Defendants, and (ii) arbitrarily used the funds for gambling purposes and (iii) habitually gambling (Seoul Central District Court Decision 2019Da1031, August 21, 202). B. The J deposited each relevant remittance amount in the Defendants’ account as indicated below.

B CD E F GHI / [Grounds for recognition] Gap evidence Nos. 1 and 13, the purport of the whole pleadings

2. Judgment on the plaintiff's primary cause of claim

A. The Defendants asserted that the Plaintiff’s assertion is a person who operates the Internet gambling site or returned gambling funds to the level of foreign origin, and even if J knew or was able to know the fact that the Plaintiff embezzled the Plaintiff’s funds and provided his account in his name for gambling. As such, the Defendants were liable for damages against the Plaintiff as a joint principal offender for the occupational embezzlement of J’s judgment.

B. We examine the judgment, and the fact that the J transferred the Plaintiff’s funds to the account in the name of the Defendants, which was used as the deposit account or exchange account of the Internet gambling site. However, the Defendants provided their accounts in their names even though they knew or could have known the fact of the J’s occupational embezzlement as the operator or exchange manager of the Internet gambling site.

It is difficult to see that the descriptions of evidence Nos. 3 through 8, and 13 alone are insufficient to recognize the above assertion by the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's primary cause of claim is without merit.

3. Judgment on the plaintiff's conjunctive cause of claim

A. The Defendants asserted by the Plaintiff from J without any legal ground.

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