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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion: (a) from September 201 to March 2017, the Plaintiff maintained a de facto marital relationship with the Defendant for a total of 66 months from around September 201 to March 201, the Plaintiff deposited the Plaintiff’s salary into the Plaintiff’s Busan Bank account (Account Number C: hereinafter “instant account”); (b) the Defendant transferred KRW 13,114,780 out of the total sum of the Plaintiff’s salary deposited into the said account to the Defendant’s account or withdrawn KRW 353,690,80; and (c) voluntarily consumed after voluntary consumption. The Defendant’s act constitutes embezzlement, and thus, the Defendant is obligated to pay the Plaintiff the said KRW 133,114,780 and delay damages therefrom.
2. The reasoning of the judgment reveals that: (a) the Plaintiff was in charge of the management of the instant account during the de facto marriage period; and (b) during the 13-month period (the first half of 2014 and the second half of 2016) of the Plaintiff’s overseas working period, the account holder was immediately a text message to the Plaintiff; (c) before March 2017 when the de facto de facto marriage was terminated, it appears that the Plaintiff did not raise any particular issue by stating that the Plaintiff was aware of the fact that the money of the instant account was deposited or transferred by the Defendant through text message; (c) the Defendant used the instant account or deposited money in the instant account under the name of the Defendant’s prosecutor’s office for the purpose of communal living; and (d) the Defendant appears to have used the instant account in the name of the Plaintiff’s account for the purpose of the de facto de facto marriage.