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(영문) 의정부지방법원 2017.05.12 2015가단108994

위자료

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Defendant: (a) from around 1998 to October 201, 201, was the president of the Association Court D Branch of Association C Association (hereinafter “D Branch”); and (b) from February 2006 to December 201, the Plaintiff was affiliated with D Branch of Association; and (c) from around 1999 to January 2, 201, the Plaintiff was affiliated with D Branch of Association and was in charge of financial management, budget accounting, etc. as a general secretary under the direction and supervision of the Defendant from January 2007.

B. The Defendant, using his status and personnel rights to the Plaintiff, made a false statement to the effect that “if the proceeds from the parking lot operated by the D branch are deposited in the D branch, it would be difficult for the Plaintiff to withdraw them and use them for expenses.” The Plaintiff’s payment of the proceeds from the parking lot was made in the Plaintiff’s head of the Tong, and withdrawal was made at the time when the expenditure was needed.” The Defendant, without any special doubt, made the Plaintiff to receive the proceeds from the D branch’s parking lot as the Plaintiff’s head of the passbook and withdraw them according to the Defendant’s instructions

C. The Plaintiff, upon the Defendant’s instruction, embezzled jointly with the Defendant, and was subject to criminal punishment, and was subject to a large amount of damages claim lawsuit from D branch without obtaining any monetary benefits.

The plaintiff was used in the crime committed by the defendant due to deception and suffered from enormous mental damage as well as civil and criminal damage, and thus, the plaintiff is seeking to pay 50,000,000 won and delay damages to the defendant, upon partial claim of consolation money.

2. Judgment on the plaintiff's assertion

A. (1) The Plaintiff, in collusion with the Defendant on April 11, 2013, embezzled KRW 141,283,500 in total, and KRW 91,517,940 in total on 85 occasions in a disguised manner as if he were to pay wages to employees from August 6, 2003 to December 21, 2006.