부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Determination as to the claim of Plaintiff A corporation
A. From September 2014, the Defendant asserted that the Plaintiff Company A had been in charge of accounting and accounting as a regular manager of the Plaintiff Company A, and embezzled the money owned by the Plaintiff Company A by either transferring or withdrawing the aggregate of KRW 26,370,00 from September 24, 2014 to July 21, 2015, as shown in attached Table 1, from around September 24, 2014; and ② selling aggregate owned by the Plaintiff Company A without permission and embezzlement of KRW 64,00,000 by arbitrarily using the sales proceeds of KRW 64,00,00,000, the Defendant is obligated to pay the Plaintiff Company A’s total amount of KRW 90,370,00 (= ① embezzlement amount of KRW 26,370,000, ② embezzlement amount of KRW 64,000) and delay damages thereon.
B. First of all, with respect to whether the Defendant embezzled a total of KRW 26,370,00 as shown in Attachment 1, it is insufficient to recognize the above only by the entries in the health account statement and the evidence No. 2-1, 2 (General Deposit Statement). There is no other evidence to acknowledge it.
Furthermore, as to whether the Defendant embezzled the sales proceeds of aggregate amounting to KRW 64,00,000, the Health Center and the Plaintiff Company’s above assertion on the grounds that “the Defendant’s embezzlement is clearly alleged and proved” did not comply with the name of March 22, 2016 of this Court, and the evidence proving the embezzlement was entirely not submitted.
Therefore, the argument of the Plaintiff Company A is without merit.
2. Judgment on the claim of the plaintiff limited liability company B
A. From September 2014, the Defendant asserted by the Plaintiff limited liability company B, from around around September 2014, in charge of the Plaintiff limited liability company’s accounting and accounting affairs. As shown in attached Table 2, the Defendant embezzled the money owned by the Plaintiff limited liability company by transferring or withdrawing KRW 17,400,000 in total from November 17, 2014 to April 4, 2015. As such, the Defendant is obligated to pay the Plaintiff limited liability company KRW 17,40,000 and delay damages therefrom.
(b).