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(영문) 수원지방법원 2019.09.25 2018가합15614
손해배상(기)
Text

1. Defendant B’s KRW 108,493,927 as well as 5% per annum from June 19, 2018 to September 25, 2019, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. In around 2001, the Plaintiff became aware of the Defendant B while attending the beauty room operated by Defendant B while working in the entertainment tavern.

B. Defendant B, along with the beauty room at the time, engaged in the recruitment and operation of the fraternity, and the Plaintiff became a member of the fraternity operated by Defendant B and became gradually responsible for the management of his money through Defendant B.

C. The Plaintiff mainly resided in the U.S. from May 2004 to October 2017, 2017. During that period, the Plaintiff entrusted Defendant B with his/her identification card and passbook and managed his/her money and financial transactions in Korea.

Defendant C’s words, Defendant D’s mother, Defendant E’s male-child, Defendant E’s male-child, and Defendant F’s male-child are the siblings of Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The gist of the Plaintiff’s assertion was that the Plaintiff transferred money to Defendant B via the Defendants’ account. Defendant B kept the said money in each account of the Plaintiff’s Nonghyup Bank and the New Bank in the name of the Plaintiff. The Defendants conspired to use the said money without the Plaintiff’s permission from November 2006 to October 201, 2017, thereby causing damage to the Plaintiff.

1) Damage related to the account (Account Number G) in the name of the Plaintiff: ① Defendant B paid the amount equivalent to KRW 46,250,225 by using the Plaintiff’s Nonghyup Card from November 2006 to 99 times and paid the said amount from the said Nonghyup Bank account. ② Defendant B paid the said amount from September 2009 to the said Nonghyup Bank account without the Plaintiff’s permission. ② Defendant B paid KRW 282,819,854 in total in the name of the Plaintiff from September 2009 without the Plaintiff’s permission.

③ Defendant B from July 2008, without the Plaintiff’s permission.

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