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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court’s explanation on this part of the underlying facts is as follows, except for the following dismissal: (a) the pertinent part of the reasoning concerning the defendant in the judgment of the court of first instance is the same as that concerning the defendant in the judgment of the court of first instance; and (b) this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
A person shall be appointed.
H. On June 27, 2017, the Plaintiff was indicted by the Ulsan District Court 2016Da4557 due to the instant crime of breach of trust and was sentenced to a two-year suspended sentence on the grounds that the Plaintiff was sentenced to a two-year suspended sentence. The said judgment became final and conclusive on July 5, 2017.
A person shall be appointed.
2. The assertion and judgment
A. The plaintiff's assertion that the defendant is obligated to pay to the plaintiff KRW 190 million and delay damages for the following reasons.
① Upon the request of the Defendant, the Plaintiff loaned KRW 170 million, which was part of the Plaintiff’s deposit amount of April 29, 2009, to the Defendant ( KRW 49.6 million, which the Plaintiff loaned from G that was the Plaintiff’s mother, on April 28, 2009, KRW 20 million, which the Plaintiff loaned from H, the Plaintiff’s mother, of April 28, 2009, KRW 100 million, which was 302,205,43 billion, and KRW 200,000,000,000,000,000 won, which was deposited from the Plaintiff’s account on April 29, 2009 ( KRW 400,000,000,000,000,000 won, which was 302,205,43, May 28, 2009).
② Even if a loan claim against the Defendant is not recognized, as long as the above KRW 190 million created by the Plaintiff was used as the deposit money of the relevant criminal case, the Defendant shall pay the Plaintiff the said money with the expenses for managing the affairs or return of unjust enrichment.
B. The following facts are acknowledged based on Gap evidence Nos. 3-1, 2, 4, 5, 18, 19, and Eul evidence Nos. 6-1, 2, 4, 5, 18, and 6-1.
① The Plaintiff received KRW 49.6 million from G on April 27, 2009, and KRW 20 million from H on April 28, 2009 to the deposit account in the name of each Plaintiff.
② The Plaintiff is as shown above ①.