beta
(영문) 광주지방법원순천지원 2016.12.08 2014가합3406

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 509,697,669 and the interest rate of KRW 15% per annum from January 8, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. The Defendant, who is a manager of overall business related to the operation of the Plaintiff, embezzled the amount of use by arbitrarily approving the total amount of KRW 28,797,669 from April 1, 2012 to May 31, 2013, as a person who has been issued under the name of the Plaintiff as a manager of overall business related to the operation of the Plaintiff. However, around April 3, 2012, the Defendant embezzled the amount of use by arbitrarily approving the amount of KRW 100,000 with the said card at a movie theater located in Sk-si.

B. On April 23, 2013, the Defendant: (a) cancelled the amount of KRW 101,716,932, the periodical installment payment of Han Bank under the Plaintiff’s name; (b) KRW 41,858,407, and KRW 54,406,030, each of which was paid in the name of the Plaintiff on April 25, 2013; and (c) transferred the money to the Suhyup Bank account under the Plaintiff’s name; and (d) deposited the money for the said Plaintiff.

On April 23, 2013, the Defendant: (a) transferred KRW 100 million out of the cancellation amount of the said periodical installment savings to the Defendant’s bank account on two occasions; (b) voluntarily transferred KRW 17 million out of the cancellation amount of the said LIG insurance to the Defendant’s bank account under the name of the Defendant on April 24, 2013; and (c) voluntarily transferred the cancellation amount of the said LIG insurance to the Defendant’s bank account on April 25, 2013.

Accordingly, the defendant embezzled the plaintiff's funds equivalent to 167 million won in total.

C. On April 19, 2013, the Plaintiff’s occupational embezzlement of KRW 240 million out of the purchase price of the building E in relation to the sale and purchase of the building E was sold to F in total at KRW 3.9 billion in the five-story building in G (E B in total) at the time of female acquisition owned by the Plaintiff. On the same day, the Defendant received KRW 240 million from F as the purchase price and kept it in custody for the Plaintiff.

On April 2013, the Defendant purchased H under the name of the Defendant’s individual around the end of April, 2013, and arbitrarily uses KRW 150,000,00,000, and apartments under the name of the Defendant’s individual around the end of April 2013.