손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts do not conflict between the parties:
On December 3, 2015, the Plaintiff changed its trade name from 00,000 to Ss. S. Co., Ltd. and 23 May 2016.
B. From January 21, 2015 to September 14, 2015, the Defendant is a person who served as the head of the field office at the construction site of the Cheongbuk-gun, Cheongbuk-do, the Plaintiff’s construction site of the construction site, and the head of the DNA construction site located in Gyeongbuk-Gun, Gyeongbuk-do, Gyeongbuk-do.
2. Determination
A. The Plaintiff’s assertion (1) Around the construction site, the Plaintiff paid a full-time bonus to the Defendant working as the site manager at the site.
However, after April 2015, even though the plaintiff paid monthly salary 4,500,000 to the defendant, the defendant received a continuous contract and embezzled it individually.
(2) The Plaintiff entered into a contract with E and 420,000,000 won in charge of the title construction work at the above D construction site, and paid wage of KRW 90,000,000, and the construction cost of KRW 330,000 remains. However, without any authority, the Defendant entered into a contract with KRW 360,000,000 with the Defendant’s increase in the construction cost of KRW 30,000 without any authority.
(3) After the retirement of September 14, 2015, the Defendant drafted a construction-related confirmation document in the name of the Plaintiff with an increase of KRW 25,000,000.
The Plaintiff suffered damages equivalent to KRW 22,800,000, and the above increased construction cost of KRW 30,000,000 and KRW 25,00,00,00. The Plaintiff claimed damages equivalent to the above total amount of KRW 77,80,000.
B. According to the evidence Nos. 7 and 8, it is recognized that the Defendant prepared a written confirmation to the effect that the Defendant received KRW 22,803,400 from the Plaintiff on the pretext of the deposit, and that the Defendant completed a written confirmation to the effect that the Defendant is the sum of KRW 60,000,000 and KRW 85,000,000 for the remainder of KRW 60,000,000 for the final settlement.
However, the defendant's personal use of the above advance payment, or without authority, makes an increase in the amount of the above contract of construction and the confirmation document.