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(영문) 서울고등법원 2019.08.22 2018나2035965

부당이득금반환 청구의 소

Text

1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in the corresponding part of the reasoning of the judgment of the first instance, except for the addition as follows. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

“E. The Defendant, while serving as an employee in charge of accounting of the instant business, operated a separate cosmetic sales business with the trade name “AE” from around 2008 to January 2014. F. The Plaintiff and C were divorced around 2018.”

2. Based on the Plaintiff’s application for modification of the purport and cause of the claim as of April 24, 2019, the part added to the application for modification of the purport and cause of the claim as of May 8, 2019, on which the Plaintiff stated the specific details of the individual claim source.

From September 5, 2006 to July 13, 2015, the Defendant, while serving as an employee in charge of the accounting of the instant business, transferred money from the head of the Tong in the name of the Defendant, Defendant’s husband H, Defendant’s husband H, Defendant-friendly I, J, K, L, and Employee M to the head of the Tong in the name of the Defendant, Defendant’s husband, Defendant-friendly Gu I, J, K, L, and employee M, and some of the money was transferred from the above head of the passbook. The difference in the deposit and withdrawal of the passbook in the Plaintiff’s name is KRW 2,217,296,61 and the difference in the deposit and withdrawal of the passbook in the name of the Plaintiff

According to the purport of the claim as of April 24, 2019 and the written application for amendment of the cause of the claim, the Plaintiff asserted that the amount of the previous claim should not be deducted from KRW 200,00,000,000, and that the amount of the deposit and withdrawal of the Plaintiff’s passbook was paid to the Plaintiff on March 23, 2015, and that the difference between the deposit and withdrawal of the Plaintiff’s passbook was KRW 2,117,296,661, and that the difference between the deposit and withdrawal of the Plaintiff’s passbook -30,007,297,000,000 in the written application for amendment of the purport of the claim and the cause of the claim as of May 8, 2019, the Plaintiff extended the previous claim to the extent that the Defendant’s amount embezzled from the Plaintiff’s passbook was the total amount of KRW 2,217,296,61, and C07,297.