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(영문) 제주지방법원 2016.11.03 2015가합11478
공제금 등
Text

1. For the plaintiffs:

A. Defendant F is KRW 49,534,693, respectively, and 5% per annum from September 5, 2013 to June 14, 2016.

Reasons

1. Facts of recognition;

A. On July 9, 2010, Korea deposited KRW 671,510,200,000 on the ground of deposit, based on the fact that the Land Tribunal tried to pay the amount of compensation adjudicated with respect to 5,321 square meters in Seopopo-si, Seopo-si, Seopo-si, the land incorporated into the G Construction Project, which is the land incorporated into the G Construction Project.

(hereinafter “instant deposit”). (b)

G(K), L, and M are children of the deceased I and J(S. 21 July 2006).

The plaintiffs are residing in Japan as children of K and N.

On August 28, 2013, the Plaintiffs delegated Defendant F, a certified judicial scrivener, with the withdrawal of deposit money of KRW 89,534,693 according to the Plaintiffs’ inheritance shares (each of 4/30), among the instant deposit money.

C. On September 5, 2013, Defendant F paid the total amount of KRW 447,673,470 in accordance with the delegation contract with the Plaintiffs at the Jeju District Court.

However, the Plaintiffs did not notify the fact of withdrawing the deposit, and they did not pay the deposit as the date of birth stated in the K’s book and the date of birth stated in the K’s register of foreigners issued in Japan are inconsistent with the date of birth stated in the K’s register of foreigners. In order to pay the deposit, the Plaintiffs made efforts, such as consultation with public officials, etc.

On August 19, 2015, the Plaintiffs visited the attorney-at-law office located in Jeju-do to directly pay the instant deposit, and around that time, Defendant F had become aware of the fact that Defendant F had already paid the deposit by inspecting the records of the deposit case in Jeju District Court.

E. Around October 26, 2015, the Plaintiffs filed a criminal charge of occupational embezzlement with Defendant F, but the Seoul Western District Public Prosecutor’s Office (Seoul Western District Public Prosecutor’s Office), on March 31, 2016, filed a criminal charge of occupational embezzlement.

Article 8 (Mutual Aid Project) of the Regulations of the Association shall carry out the Mutual Aid Project to guarantee liability for damages to the clients of members of the Local Association.

Matters concerning the implementation of mutual aid projects shall be determined by compensation mutual aid regulations.

The provisions of the damage compensation deduction.

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