logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.15 2017가단65365
손해배상 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On January 7, 2014, the Plaintiff deposited KRW 100 million in the Defendant Bank via Defendant B, who was an employee of the Defendant Bank at the Defendant Bank’s branch (hereinafter “Defendant Bank”).

Defendant B deposited the above KRW 100 million in the non-taxation passbook, KRW 30 million in the tax-free passbook, KRW 30 million in the general tax-free passbook, and KRW 40 million in the general tax rate passbook.

B. On January 7, 2015, the Plaintiff received KRW 102,638,710 (tax-free KRW 30,870,787,350, the general tax rate of KRW 40,981,360, a total of 102,638,710 (tax-free KRW 30,870,000) and KRW 100,000,00 cashier’s checks (Chapter 2, 40,000, KRW 40,000, KRW 1,000, KRW 30,000, KRW 30,000, KRW 30,000, KRW 2,638,

C. Meanwhile, the Plaintiff deposited KRW 10,000,000 in the Defendant bank on February 28, 2013, and received KRW 114,518,530 as principal and interest on February 28, 2014.

Defendant B deposited 122,00,000 won again with the above principal and interest and 8 million won’s cashier’s checks brought by the Plaintiff (an amount of KRW 5 million and KRW 1 million) to the Defendant Bank, and paid the remainder of KRW 518,530 to the Plaintiff in cash.

[Reasons for Recognition: Facts without dispute, Gap 1 through 12, Eul 1 through 11, the purport of the whole pleadings]

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion 1) In addition, Defendant B embezzled KRW 100 million out of KRW 200 million paid by the Plaintiff to deposit in a fixed deposit on January 7, 2014, and ultimately suffered damages of KRW 102,638,710, which is the amount equivalent to the principal and interest. 2) as well as Defendant B did not pay KRW 518,530, which should be settled to the Plaintiff after the financial transaction on February 28, 2014.

Therefore, the defendants asserts that they are jointly obligated to pay the money stated in their claims.

B. The evidence presented by the Plaintiff alone embezzled KRW 100 million out of the money that Defendant B received from the Plaintiff without depositing in the Defendant bank.

It is recognized that the plaintiff deposited KRW 200 million.

arrow