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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is the mother of C, and the defendant was in a relationship with C.
B. After the progress of a criminal case against C (hereinafter “relevant criminal case”), C appealed appealed on May 3, 2013 due to the crime of occupational embezzlement, and appointed a law firm (with limited liability) D as a defense counsel on May 6, 2013. The first instance court (Seoul Northern District Court 2013Dadan977, 2115, 2333 (Joint)) sentenced C to six years in total, sentenced C on February 13, 2014. (2) C appealed appealed on February 18, 2014 and appointed a defense counsel on May 13, 2014.
The sentencing date of the relevant criminal case was set at 10:00 on June 20, 2014, and was changed to 10:00 on June 27, 2014 upon C’s counsel’s request for extension of the trial date, and thereafter the sentencing date was later postponed.
C’s defense counsel submitted a written agreement on July 4, 2014, and the appellate court of the related criminal case (Seoul Northern District Court 2014No257 case) reversed the judgment of the court below on July 25, 2014, and sentenced C to a total of four years and six months imprisonment.
3) Although C did not file an appeal against the above judgment, the said appellate judgment became final and conclusive as it is. C) On June 24, 2014, the Plaintiff transferred KRW 50 million to the Defendant’s bank account.
2) On June 27, 2014, the Defendant remitted the amount of KRW 20 million to C’s appellate court, Attorneys F, from the said bank account. The F paid KRW 20 million to the victim G in the relevant criminal case on the same day, and the victim G written an agreement on the agreement. 3) On July 7, 2014, the Defendant paid KRW 5 million to the appellate court, Attorneys F, and returned the Plaintiff on August 5, 2014.
4) The Defendant deposited KRW 4,40,000,000 from June 27, 2014 to February 16, 2016 as the amount of custody of C. The Defendant deposited KRW 4,40,000 at 11 times. [The fact that there is no dispute over the grounds for recognition, and subparagraphs A through 1.