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(영문) 서울남부지방법원 2016.08.16 2015가단62139
보관금
Text

1. Each of the plaintiffs' claims against the defendant are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiffs, the Defendant, the E, E, F, G, H, and I were victims who had been subject to fraud by an inficial J, and the Defendant as the complainant’s representative and appointed K attorney as the complainant’s representative on April 2014 and filed a complaint against J as a crime of fraud.

B. On December 31, 2014, the J paid KRW 600 million to the victims on February 3, 2015, while being prosecuted and tried for fraud, and the amount of the said agreement was distributed as indicated below.

The amount of damage (won) among plaintiffs A 30,000,000 12,000,000 D 55,000,000,000 16,000,000, 245,000,000, 193,0000 F 65,000,0000 F 65,0000,100, 5000 B 43,000, 24,5,000 G 65,000,000 G 65,000,000 or 33,50,00,00, H 116,000,000, 73,50,000, 60, 600, 300, 300, 100, 100, 300, 100, 300, 400, 1003, 1003

2. Determination as to the cause of action

A. The plaintiffs asserted that the agreement amount of this case should be distributed equally to the victims except for the attorney's fees, but the defendant arbitrarily distributed the agreement amount of 8,708,465 won, and the plaintiff Eul did not receive 5,174,945 won out of the agreement amount of this case. Further, the defendant, the representative of the complainant, agreed about 82% of the damage amount with J, thereby unfairly losing the opportunity to receive 100% of the damage amount from J, thereby causing damage to the plaintiffs who are the victims. The defendant's breach of trust caused damage to the plaintiffs who suffered 5,637,100 won and 8,08,300 won, since the damage amount of the plaintiff Gap suffered 5,345,565 won (=8,708,465 won, 465, 637, 637, 100 won). The defendant asserts that the defendant has the duty to pay the plaintiff the damage amount of 136,2485 won and 385 won

B. First of all, the Plaintiffs are equal to the instant agreed amount.

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