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(영문) 울산지방법원 2020.01.09 2019가합16808

손해배상(기)

Text

1. The Defendant’s KRW 736,393,666 as well as 5% per annum from September 19, 2018 to October 31, 2019 as to the Plaintiff.

Reasons

1. Indication of claim;

A. The Plaintiff is a juristic person established for the purpose of vessel direction riding, processing and removal of structures, and manufacturing and sales business, and the Defendant concluded a labor contract with the Plaintiff on December 1, 2009 and performed the management of the Plaintiff’s corporate card from around 2012.

B. Although the Defendant should pay only the business-related expenses within the limit of KRW 500,000 per month with the corporate card (C Card No. D) received from the Plaintiff, the Defendant voluntarily raised the limit on the use of the said corporate card as KRW 10,000 per month on or around the beginning of April 2017, and purchased gift certificates of KRW 2.534 million over 52 times from April 2017 to June 21, 2018 using the said corporate card.

C. On May 2018, the Defendant paid the above corporate card user fee by himself, but failed to pay the user fee from May 2018, and on September 18, 2018, the Plaintiff paid 745,043,809 won in lieu of the Defendant’s overdue credit card user fee to C Co., Ltd.

Therefore, the Defendant is obligated to pay 736,393,666 won calculated by deducting KRW 8,651,00,004, which the Plaintiff paid to the Plaintiff as compensation for damages caused by the tort from KRW 745,043,80,09 (=745,043,809 won - 8,651,004 won) and 5% per annum under the Civil Act from September 19, 2018 to October 31, 2019, the delivery date of a copy of the complaint of this case, which is the delivery date of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;