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(영문) 수원지방법원성남지원 2017.10.18 2016가단228825
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The summary of the plaintiffs' assertion is that the defendant would make a profit by stock investment to the deceased E (hereinafter "the deceased"), and the deceased would have made an investment agreement between the deceased and the defendant in response thereto.

The defendant withdrawn 61,131,836 won from the deceased's bank account on December 27, 1999, but did not properly invest.

Therefore, the defendant is obligated to pay damages and delay damages equivalent to the plaintiffs' shares in inheritance, except for KRW 56,131,836 paid out of the above investment amount to the plaintiffs who are the inheritors of the deceased.

2. The agreement was reached between the deceased and the defendant on share investment, and the defendant, working at the bank on December 27, 199, withdrawn KRW 61,131,836 from the deceased’s bank account on December 27, 199, and the deceased died on October 7, 2009. The plaintiff A’s spouse, the plaintiff B, and C, who was the deceased’s child, may be recognized under each of the evidence No. 1 or No. 5. However, there is no evidence to prove that the defendant violated the share investment agreement between the deceased and the defendant, by failing to use the above money for share investment.

Rather, comprehensively taking account of the overall purport of the arguments in the evidence No. 6, No. 1, and No. 2, the Defendant purchased 300 shares of F outside the bank account of the deceased, after withdrawing the money from the bank account of the deceased, and entered the above shares in the securities account under the name of the Defendant on January 5, 2000, and the above shares were merged with 17 shares around January 17, 2002. The Defendant sold 17 shares of G on August 12, 2003 to 3,413,620 won, and the Defendant sold KRW 17 shares of G to the Plaintiff on March 14, 2016. According to the above facts, the Defendant can be acknowledged to have deposited KRW 5,00,000 with the Plaintiff’s bank account on March 14, 2016.

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