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(영문) 서울중앙지방법원 2017.12.15 2016가합516221

손해배상 등

Text

1. The Plaintiff:

(a) Defendant B: (a) KRW 1,375,77,239 and 5% per annum from January 19, 2012 to March 31, 2016; and (b)

Reasons

Basic Facts

The relevant defendant B is a person who served as the representative director of D Co., Ltd from August 2009 to August 2013.

D Co., Ltd. is an abbreviation of the PT. Indonesia Corporation established by the Indonesia Company Act.

E’s shares were owned by 100%, and the above PT. E acquired and owned 80% of the Plaintiff’s shares as Indonesia corporate around September 2010.

Defendant B actually managed the above PT. E and the Plaintiff through F permanently stationed in Indonesia.

Defendant C is an employee of D Co., Ltd from August 2009, and Defendant C is a person who performed Defendant B’s secret duties.

After the process of Defendant B’s embezzlement and related criminal cases, Defendant B instructed F to withdraw the Plaintiff’s funds and use them for personal purposes, and to prepare USD F brought to Korea on September 29, 2010.

이에 F은 실제 중장비 임대 거래가 없었음에도 불구하고 원고의 거래처인 PT. G로부터 허위의 청구서를 받아 중장비 임대료 명목으로 766,800,000 인도네시아 루피아(이하 ‘루피아’라고만 한다)를 지급하고, 위 회사로부터 수수료를 공제한 653,200,000루피아를 받아 미화로 환전한 다음 피고 C을 통하여 인도네시아를 방문한 피고 B에게 건넸다.

From September 29, 2010 to January 18, 2012, Defendant B embezzled the total amount of money of 10,854,157,800 U.S. funds of the Plaintiff, who was in custody through F, over 15 times, as shown in the attached Table 1 sheet, in the same manner.

On September 30, 2010, the Defendants introduced USD 75,000, which was exchanged by Defendant B after embezzlement as described in the foregoing paragraph (1), into the Republic of Korea from Indonesia on September 30, 2010, without filing a report on the total of USD 930,000 each over 12 occasions as described in the attached Table 2, including where the Defendants did not report to the head of Incheon International Airport. Defendant B and 2.