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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
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is operating D. Defendant B from around 2008 to December 21, 2012, and Defendant C is a part of the Plaintiff’s society.
B. On May 17, 2010, Defendant B transferred KRW 19,000,000, which was deposited in the account in the account in the name of the Plaintiff to the account in the name of the Plaintiff via the Internet Bank.
C. The Plaintiff, carried out on June 2, 2010, to the “F” constituency of Gwangju Mine-gu, the primary election of the local government members, which was implemented on June 2, 2010.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1) The Defendant B, in collusion with Defendant C, embezzled the Plaintiff’s money KRW 19,000,000 on the grounds that the Plaintiff’s primary claim against the Defendants was managed by the bank account under the Plaintiff’s name.
Therefore, the Defendants are jointly liable to pay the Plaintiff the above KRW 19,00,000 and the delay damages for the tort.
B) The summary of the Defendants’ assertion was used by the Plaintiff for money laundering in the name of the Defendant E, a branch of Defendant C, at the time of going through the election of the National Assembly members of the local government. In other words, on May 17, 2010, the Plaintiff transferred KRW 19,000,000, which was deposited in the Plaintiff’s account in the Plaintiff’s name, to Defendant B, and then requested the withdrawal to the Defendant C. In order to avoid suspicion, the Plaintiff withdrawn KRW 20,000 and delivered KRW 19,00,000 among them to the Plaintiff, and again deposited the remaining KRW 1,00,000 in the account of the said E.
Rather, the following are recognized by comprehensively taking account of the respective descriptions and arguments of Nos. 2 and 3.