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(영문) 대구지방법원 2019.04.18 2016가단116906

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff started with the trade name “C” around April 200, and operated the manufacture and distribution business of medical devices by February 1, 2015, changing its trade name into “D” around April 2002.

B. The Defendant, with the Plaintiff’s external village students, was in charge of managing the money deposited and withdrawn from the above company operated by the Plaintiff (hereinafter “D”) from April 200 to May 31, 2014.

C. During the period of work as a D’s accounting employee, the Defendant used the passbook in the deposit account (E Bank Account Number F, G, H, Enterprise Bank Account Number I, J, and K Bank Account Number L; hereinafter collectively referred to as “each account in the Plaintiff’s name”) opened in the Plaintiff’s name for the purpose of D’s business, and used it to deposit and withdraw D’s funds.

In addition, the Defendant received and stored a corporate bank M card (credit card No. N. hereinafter “the instant credit card”) from the Plaintiff, and used D’s food, cost of purchasing goods, and public charges. D.

On the other hand, the defendant opened and used the mobile phone in the name of the plaintiff around February 9, 2011.

[Ground of recognition] Facts without dispute, Gap 1, 10 evidence, Eul 12 and 13 evidence (including each number; hereinafter the same shall apply), the witness's testimony and the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion is that the Defendant, while serving as D’s accounting staff, committed the following illegal acts of embezzlement and breach of trust, thereby incurring damages to the Plaintiff in total amounting to KRW 188,367,052.

Therefore, as a result, the Plaintiff is obliged to pay 188,367,052 won and damages for delay.

1. The Defendant stated that, from January 2009 to April 2014, 295, the Plaintiff withdrawn the claim only five cases in the briefs dated October 15, 2018, but did not reduce the purport of the claim.