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(영문) 울산지방법원 2014.07.16 2013가합2654

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B shall be KRW 1,414,345,984 and 20% per annum from April 20, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties changed the name of the Company H Co., Ltd. as a corporation aimed at structural calculation, safety diagnosis, technical services, etc.

Defendant B was in charge of the Plaintiff’s accounting from April 10, 2006 to October 2010, and was in charge of the Plaintiff’s cash entry and withdrawal, and the management of the company’s account books. Defendant C was in charge of the Defendant B’s husband, Defendant D’s husband, and Defendant F was in charge of the Defendant B’s fault.

Defendant G is a person who has investigated Defendant B and Defendant C while working as the head of the I police station investigation division at the time when the Plaintiff filed a complaint against Defendant B and Defendant C due to embezzlement, etc.

B. Defendant B embezzled the Plaintiff’s money by remitting the sum of KRW 1,194,074,212 from June 16, 2006 to September 27, 2010 to the deposit account in the name of the person, including himself and the Defendant C, in the name of the Plaintiff from June 16, 2006 to September 27, 2010.

(2) While Defendant B was in custody of the Plaintiff’s money as a business, he embezzled totaling KRW 492,993,126 on 318 occasions from May 2, 2006 to July 22, 2010 by arbitrarily consuming KRW 318.

(3) Defendant B violated his occupational duties and used the Plaintiff’s corporate card by purchasing personal goods worth a total of 216,187,140 won from April 20, 2008 to September 30, 2010.

C. Defendant B’s transfer to Defendant C’s account

As part of the embezzlement of subsection (1) of this paragraph, from March 2007 to August 27, 2010, the sum of KRW 654,177,570 was remitted to each deposit account in the name of the Defendant C in the name of the Plaintiff from March 20, 2007 to August 27, 2010.

(1) Defendant B’s transfer to the account in the name of Defendant D.

As part of the embezzlement of subsection (1) of this paragraph, the name of the defendant B in each deposit account in the name of the plaintiff from August 2, 2006 to July 23, 2010.