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(영문) 인천지방법원 2020.10.16 2019나62164

부당이득금

Text

The plaintiff's primary claims extended and added by this court against the defendant B and C and the defendants 1.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that runs the construction business and the construction materials manufacturing business. 2) E is a person who actually runs the Plaintiff company since October 21, 2013, Defendant B and C are children of Defendant B and C, and Defendant D is a spouse of E.

3) Defendant B was admitted to the health insurance for the Plaintiff’s employee from November 1, 2012 to March 1, 2013, and from August 5, 2013 to September 3, 2013, and was registered as an internal director (representative) on the Plaintiff’s corporate register from October 21, 2013 to January 14, 2014. Defendant C was registered as the Plaintiff’s employee from March 1, 2013 to September 18, 2013, and was registered as an auditor on the Plaintiff’s corporate register from October 21, 2013 to January 14, 2014.

B. On September 21, 2017, E: “E obtained 34,650,000 won from M in the name of the Plaintiff’s bank account (Account BookO) and embezzled 30,000 won out of the above amount on the same day during the course of performing its duties for the Plaintiff, and embezzled 10,000 won in total over 10 times from around the same day to May 20, 2014 in the same manner as the list of crimes in the attached list of crimes; “E embezzled 140,000,000 won in total for 10 times in total as in the same manner as the list of crimes in the attached list of crimes in the course of occupational embezzlement” was sentenced to a suspended sentence of two years in the year of imprisonment for a crime of occupational embezzlement (Seoul District Court Decision 2017Da14888, Dec. 14, 2017). The judgment became final and conclusive as is on September 29, 2017.

(hereinafter referred to as “related criminal case”) C.

Plaintiff

(1) From January 13, 2014 to May 1, 2014, the following table (hereinafter “instant table 1”) shall be attached to the Defendant B’s name account (F Bank G) between January 13, 2014 and May 1, 2014.

As described above, a total of KRW 106,966,50 was remitted, and among them, KRW 102,000,000 in the relevant civil cases below KRW 97,00,000 was deemed to overlap with the list of crimes in attached Form A.