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(영문) 수원지방법원성남지원 2015.05.29 2013가합201963
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff A is a person who operates the plaintiff company and is between the defendant C and his family. The defendants are married.

B. After retirement age, Defendant C operated the Plaintiff Company with the Plaintiff Company, and the Plaintiff Company was in charge of funding and employee management, and the Plaintiff Company was in charge of manufacturing and supplying products. If the Plaintiff deposited the Company’s operating funds with the passbook in the name of Defendant C, Defendant C used it and operated funds in the form of returning the remainder to the Plaintiff Company’s name.

C. On February 25, 2011, with respect to the instant real estate No. 1 to Defendant C, Plaintiff A completed the establishment registration of the instant mortgage with the amount of KRW 300 million with respect to the Plaintiff A, the mortgagee C, and the maximum debt amount.

Defendant C withdrawn from the Plaintiff Company on December 2012, and Defendant C transferred on March 14, 2013 the registration of transfer of ownership based on gift to Defendant D on the instant real estate No. 2.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2-2, Gap evidence 16-3, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The amount deposited by the Plaintiff A to Defendant C is KRW 395,583,048 in total, KRW 1,673,100,00 in total from January 11, 2007 to November 16, 2012, and KRW 1,673,10,000 in the Plaintiff’s account from February 26, 2007 to November 16, 2012, and KRW 1,531,10,000 in total, and KRW 236,249,860 in the Plaintiff’s account from March 8, 2007 to November 1, 2012.

Therefore, Defendant C shall return 17,33,188 won remaining after deducting 236,249,860 won returned by Defendant C to the Plaintiff Company from total 395,58 won deposited by Plaintiff A to the Plaintiff Company (=1,673,100,000 won – 1,531,100,000 won) and the remaining 17,333,188 won, which were returned by Defendant C to the Plaintiff Company. Since Defendant C has used without returning it, it has been arbitrarily used, it shall return to Plaintiff A the amount of 17,33,188 won for tort and its corresponding amount.

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