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(영문) 부산지방법원 2017.08.22 2016가단331261

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff run a live fish wholesale retail business in the name of the Plaintiff, who was, from October 2013 to December 2014, the Plaintiff operated a store in the name of “H” in the name of “H” under the name of the husband of “H” (hereinafter “H”) in the Suwon-gu, Busan, U.S., and thereafter, operated a store in which “K” in the name of “K” under the name of the husband of “K” in the name of “K” (hereinafter “K”).

B. From January 2014, the Defendant retired on May 22, 2016 while working in H and K, and performing duties such as business partners, fund management, and preparation of books.

C. From January 12, 2015 to October 3, 2015, the Plaintiff filed a complaint against the Defendant, using a total of KRW 212,00,000 for 15 times from September 13, 2015 to May 21, 2016 for each individual purpose. On October 12, 2016, the Plaintiff received the return of the Plaintiff’s investment money or loan from the Busan District Prosecutors’ Office in light of the statement by the relevant persons and the details of the passbook transaction, or received the Defendant’s salary, and the Defendant’s payment was not embezzled by embezzlement, such as paying the purchase amount as active payment, is persuasive, and there was no clear evidence of suspicion other than the Plaintiff’s statement (Evidence).

In other words, from January 21, 2014 to February 5, 2016, the Plaintiff filed a complaint with the Plaintiff for arbitrarily withdrawing KRW 50 million from April 28, 2015 to September 18, 2015, or embezzlement of KRW 101,971,127 for personal purposes, such as receiving remittance from the Plaintiff or receiving money from the seller, or receiving return of H’s lease deposit from a third party upon the Plaintiff’s delegation.