1. Revocation of a judgment of the first instance;

2. From May 8, 2015 to July 15, 2016, the Defendant paid KRW 3,300,680 to the Plaintiff and its related costs.

1. Basic facts

A. On October 29, 2014, the Plaintiff was assaulted by Vietnam’s crew members, and the Plaintiff discovered that he was next to the Plaintiff, and went to the Defendant Hospital around 08:31, 2014.

At around 18:30 on the same day, the plaintiff was released from provisional discharge after undergoing internal surgery at the defendant's emergency room, and on behalf of the plaintiff, C, who is the plaintiff's will, dealt with the speed of provisional discharge on behalf of the plaintiff.

B. The Defendant deemed that the Plaintiff’s injury was caused by both assault and assault, and claimed 4 million won as medical expenses to the Plaintiff.

Since the balance of the Plaintiff’s debit card at the time was merely 1,979,415 won, 1.9 million won was settled by the debit card under the name of the Plaintiff, and 2.1 million won was settled by the credit card borrowed from C.

B stated his name and telephone number in the column of the applicant for the provisional discharge.

C. After that, on November 9, 2014, the fact that the Plaintiff was unilaterally injured by assault from the Vietnam crew members, and the refund of KRW 3,300,680 was incurred, the Defendant requested the Defendant to have the card sent by contact with B with the phone number indicated in the application for a temporary discharge and to pay the re-paid medical expenses after cancelling the settlement of the medical expenses.

B, as it is difficult for the Defendant to directly visit the hospital, to transfer the refund money to his account, and the Defendant remitted the refund amount of KRW 3,300,680 to the Agricultural Cooperative (D) account in the name of B on November 10, 2014.

B, instead of delivering the above refund to the Plaintiff, embezzled by consuming all of the living expenses, etc.

B was issued a summary order of KRW 2 million on May 28, 2015 due to the above facts constituting the crime (Seoul District Court Decision 2015 High Court Decision 2015 High Court Decision 6187), and the formal trial was finalized on June 11, 2015.

[Ground of recognition] A. 1 to 5 evidence, each of the evidence No. 1 and No. 2, and the witness at the trial.