beta
(영문) 수원지방법원평택지원 2015.11.26 2015가단95

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From February 1, 2006, the Defendant retired on August 1, 2014 while serving as an employee of the Plaintiff.

B. The Defendant worked as B at the Plaintiff’s construction site and used the Plaintiff’s corporate card for the settlement of material, oil, etc.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion was paid KRW 200,00 per month from the plaintiff's corporate card to July 27, 2013, despite the fact that the defendant arbitrarily used the plaintiff's corporate card to pay KRW 22,871,054 per day from June 22, 2007 to July 18, 2013. The defendant paid KRW 22,871,054 for the plaintiff's repair expenses regardless of his/her business from August 10, 207 to July 27, 2013, because he/she paid KRW 4,515,500 per month with the plaintiff's corporate insurance premium and KRW 2,009,860 with the plaintiff's corporate card obtained the total amount of KRW 29,396,414,00 per day from July 18, 2013.

3. The following circumstances revealed by the purport of the entire records and pleadings of this case, namely, there is no objective evidence that the Defendant confirmed the details of unfair use of the corporate card and promised to return the pertinent amount, and the Defendant’s personal vehicle appears to have been partially used for the withdrawal, retirement, material transport, etc. during the period of the Defendant’s business. The Plaintiff, when paying the amount of the Defendant’s corporate card, can promptly recover the amount of use out of use from the Defendant or prohibit the use of the corporate card without following the above procedures for more than six years. The Plaintiff allowed the Defendant to use the corporate card without going through the above procedures, and 205 years after the Defendant demanded the Plaintiff to pay retirement allowances during the period of service.