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(영문) 수원지방법원 2016.06.29 2015나45694
손해배상 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff asserts that, around November 28, 2014, the Defendant embezzled KRW 6,000 as a result of the Defendant’s deposit of the Plaintiff’s wage, and did not deposit the Plaintiff’s wage at will, and accordingly, the Plaintiff embezzled KRW 6,000. In the course of the Plaintiff’s accusation against the Defendant as embezzlement, the Plaintiff incurred loss of lost income equivalent to KRW 2 million (i.e., KRW 100,000 per day x 20 days). Accordingly, the Defendant is obligated to pay the Plaintiff KRW 2 million and damages for delay.

According to the evidence evidence Nos. 2 and 3, the investigation was initiated upon the plaintiff's complaint and appeal, and the defendant was subject to a disposition of suspension of indictment as to the plaintiff's above KRW 6,000 from the Suwon District Prosecutors' Office 2015-type 22524 on May 6, 2015, but in light of the above evidence and the overall purport of pleading, the above defendant's crime facts and its disposition can be known in light of the above evidence and the whole purport of pleading, it is difficult to find that the plaintiff was unable to file the above complaint and appeal. Thus, it is difficult to deem that there exists causation between the defendant's above act and the plaintiff's lost income.

Therefore, the plaintiff's claim is without merit.

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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