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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
Judgment of the first instance.
Reasons
1. On July 201, the Plaintiff’s assertion B became aware that the Plaintiff’s Matern D, a cadastrally disabled person, was hospitalized in the urology hospital, and that there was a regular deposit account in the name of the Plaintiff, where KRW 27,264,140 was deposited in the course of paying the Plaintiff’s hospital medical expenses on behalf of the Plaintiff and D.
B upon request of the Plaintiff to manage the said regular deposit amount on behalf of the Plaintiff, B, around August 4, 201, after receiving the said regular deposit amount from D, would receive a loan from the Plaintiff as collateral and use the said regular deposit amount for D treatment expenses, and then was embezzled by arbitrarily consuming it as precious metal purchase and living expenses.
B, around March 5, 2012, upon maturity of the said regular deposit account, embezzled KRW 4,442,605 of the remainder in which the said loan was settled by offsetting the said regular deposit account.
Therefore, the defendant is liable to compensate for damages suffered by the plaintiff as a person who participated in the illegal acts in B, or the defendant is liable to return the above KRW 4,442,605, which was transferred from B to his own account in his name, to B, because he knew of or was grossly negligent in not knowing that the embezzlement was embezzlement.
2. According to the overall purport of Gap evidence Nos. 1 through 6 (including the number of branch offices, if any), Gap evidence No. 7-4-4, as a security, Eul embezzled KRW 26,00,00,00 that received a loan to the Nonghyup Bank under the name of the plaintiff, and embezzled KRW 4,42,605 by voluntarily transferring the said regular deposit to the Agricultural Cooperative (E) under the name of the defendant living together with his/her own living together, and Eul was sentenced to imprisonment of 10 months in the case of Incheon District Court Branch of the Incheon District Court on April 10, 2014, Incheon District Court Decision No. 2014, 159, 338 (Consolidated) and on June 19, 2014, Incheon District Court Decision No. 25314, Nov. 14, 2014, which was the appellate court, the appellate court on June 19, 2014.