beta
(영문) 대구지방법원 2019.12.19 2019나307995

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From April 200, the Plaintiff operated a personal business entity called “D (formerly changed: C)”, which is a medical device manufacturer, from April 2000, and the Defendant served as an employee in charge of accounting in D from April 2002 to May 2014 as the Plaintiff’s external relative.

B. The Defendant, while serving as a D’s accounting staff, used the passbook in the bank account (E bank account number F, G, H, corporate bank account number I, J, and hereinafter “Plaintiff’s business account”) and the authorized certificate for Internet banking (hereinafter “Plaintiff’s business account”) opened in the name of the Plaintiff for the purpose of D’s business in order to deposit and withdraw D’s funds.

C. The Defendant received and stored a corporate bank M card (N, hereinafter “instant credit card”) from the Plaintiff, and used D’s food expenses, purchase cost, public charges, and other expenses.

From 209 to 201, the Defendant used the mobile phone in the name of the Defendant, and used the new mobile phone in the name of the Plaintiff on February 9, 201. As above, the Defendant’s mobile phone charges used from around 2009 were released from the Plaintiff’s business account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, 9, 10, Eul evidence Nos. 12 and 13 (including each number; hereinafter the same shall apply), the testimony by the witness of the first instance court, and the purport of the whole pleadings

2. The plaintiff's assertion

A. From January 29, 2009 to April 23, 2014, the Defendant, as shown in attached Table 1, stated that only five claims were withdrawn on the preparatory documents dated October 15, 2018, but did not reduce the purport of the claim, as the Defendant did not adjust the claim in accordance with the content of the claim as originally asserted.

over the course of the Plaintiff’s business account to the account in the name of the Defendant or the Defendant, and embezzled total of KRW 159,792,637.

(hereinafter “Defendant’s Embezzlement 1”). (b)

As shown in attached Table 2, the defendant shall make a total of 87 times from September 13, 2010 to January 14, 2014.