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(영문) 수원지방법원안산지원 2014.05.29 2012가합21406
어촌계운영자금 반환
Text

1. The Defendant’s KRW 559,00 and the Plaintiff’s annual rate of KRW 5% from April 2, 2014 to May 29, 2014.

Reasons

1. The main point of the Plaintiff’s assertion was from May 14, 2008 to May 13, 2012, the Defendant used a total of KRW 217,114,908 out of the operating funds of fishing village fraternities for personal purposes as follows.

Accordingly, the plaintiff seek against the defendant for compensation for damages caused by illegal acts or the return of unjust enrichment, 217,114,908 won and damages for delay.

① A total of KRW 183,936,822 (specific details are as indicated in the separate sheet of transactions) that the Defendant released from or used for personal purposes from the paid-in regular deposit account (Account Number C), the self-reliance deposit account (Account Number D), and the ordinary deposit account (Account Number E) ② around October 5, 2011, the Defendant withdrawn from the above regular deposit account and lent 15 million won to F; around October 24, 2011; KRW 18 million paid from the above account and paid to Seoul Guarantee Fund; KRW 18 million paid from April 10, 201 to February 24, 2012; KRW 4,350,000,000,000,000 won, including KRW 1,36,382,932,941,362,942,300,000,000 won (i) the remainder of KRW 27,436,291,32500,31400

2. Determination

A. Comprehensively taking account of the overall purport of the pleadings in each statement in Gap evidence Nos. 5 through 9 (including each number), the defendant withdrawn 20 million won in cash from the regular deposit account in which the operating fund of the fishing village fraternity, which was kept by the plaintiff for his/her business on or around April 7, 2010, and individually used it, and withdrawn 15 million won in cash from the fixed deposit account in the eroin Cooperatives (Account Number C) around October 5, 201 and 18 million won in cash from the same account on or around October 24, 2011, and consumed it for personal purposes, such as lending to F or using personal debt repayment. The defendant used 53 million won in total for operating funds of the fishing village fraternity in his/her business custody as above.

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