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(영문) 대구지방법원포항지원 2019.05.07 2018가단101848
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The defendant C, who is in charge of the Gu office, is around the Gu office.

Reasons

1. Summary of and determination on the cause of the claim

A. A. A summary of the cause of the claim against Defendant B, although there was no fact that the Plaintiff embezzled funds while in charge of accounting affairs at the company operated by Defendant B (Co., Ltd.), Defendant B, etc., received 50,000,000 won from the Plaintiff under the pretext of the return of embezzled money, and caused property damage equivalent to the same amount. Defendant B, in the first place, was liable to compensate for damages caused by the tort (i.e., KRW 70,000,000,000,000,000 won as property damages (i.e., KRW 50,000,000,000,000,000), and (ii) Defendant C, upon receiving the intent of the Defendant B, had the Plaintiff make a return of unjust enrichment of KRW 50,00,000,000, which was paid without any legal cause (i.e.,,, the amount of embezzlement).

B. The Plaintiff bears the burden of proving the payment caused by the Defendants’ intentional or negligent act or without legal cause, and the Plaintiff’s loss incurred therefrom, which is the requisite fact of the instant claim. However, in light of the fact that the Plaintiff asserted the same fact as the cause of the instant claim and filed a complaint against the Defendants due to a violation of the Punishment of Violences, etc. Act (joint conflict) or a teacher’s suspicion (Evidence No. 1 and 3) on September 26, 2016, and that the Plaintiff remitted KRW 50 million to Defendant B on April 7, 2015, the amount of KRW 50 million transferred to Defendant B on April 15, 2015, the Plaintiff returned from Defendant B’s account to D’s account (Evidence No. 2) is insufficient to acknowledge this differently.

2. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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