(영문) 서울고등법원 2018.06.15 2016나210872

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(영문) 서울고등법원 2018.06.15 2016나210872

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion

A. Defendant B, who paid the benefits, provided that the Plaintiff provided that “The Plaintiff would pay money by making an investment.” From May 2009 to April 2012, Defendant B received KRW 59,440,000 from the Plaintiff’s payment for the Plaintiff’s work as an employee at a restaurant, such as “G”, “H”, “D”, and “E” and received cash or Defendant C’s account.

Therefore, the defendants are jointly and severally liable to return the above money to the plaintiff.

B. The Plaintiff unpaid benefits was employed by the Defendants in the “F” restaurant operated by the Defendants from May 2012 to April 23, 2013, and the Defendants are jointly and severally liable to pay the Plaintiff the unpaid benefits of KRW 26,400,000 (=2,200,000 per month x 12 months).

2. Determination

A. In full view of the overall purport of the pleadings in the written evidence Nos. 1, 2, and 7 (including a serial number, unless otherwise indicated; hereinafter the same shall apply) as to the assertion on the return of benefits, the fact that part of the amount claimed by the Plaintiff was withdrawn from the Plaintiff’s post office account from February 2008 to April 30, 2012, or was remitted from the Defendant’s account under the name of the post office, the agricultural bank account, and the business owner of the “E” to the Defendant C’s account can be acknowledged.

However, Gap evidence Nos. 1-2, Eul evidence Nos. 1-4, 7, and 8 (the plaintiff's signature and seal Nos. 1-5 (the plaintiff's signature and seal No. 1-5 (the plaintiff's each loan No. 1-1-5 (the plaintiff's each loan No. 1-5); however, it is alleged that each of the plaintiff's signature and seal No. 1-5 (the plaintiff's signature and seal No. 1-1-5); however, there is no evidence to acknowledge it; rather, considering the testimony of the witness of the court of the trial and the result of appraiser K's appraisal, the above plaintiff's signature and seal No. 1-2, and it can be recognized that the signature and seal No. 1-5 (the plaintiff's signature and seal) are not transferred, but directly accepted or sealed to the original

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