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(영문) 대전지방법원 2019.11.06 2018나108696

부당이득금

Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The Plaintiff has been actually managing the instant company since March 31, 2005 established by E, a corporation that runs the electric machinery and appliances and the electric lighting wholesale and retail business (hereinafter “instant company”).

B. The Defendant, from August 14, 2006 to August 13, 201, worked in the instant company and dealt with the accounting and accounting affairs of the company from around August 14, 2006.

[Ground of recognition] The fact that there is no dispute, Gap evidence 11-2, Eul evidence 2, 4, 13, 14, 21 and 22, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. On March 9, 2009, the Defendant, from the corporate bank account (F) account of the instant company managed by the Defendant, voluntarily withdrawn KRW 40,000,000 from March 9, 2009 to KRW 12:06:50,000 on March 9, 2009, and KRW 60,000 on the same day to KRW 12:09:30,000 on each of the above money, and then, deposited each of the above money into the Plaintiff’s G account (H), and embezzled KRW 100,000 by withdrawing it.

The plaintiff claims 31,00,000 won, which is part of the above KRW 100,000,000, as unjust enrichment.

B. On March 9, 2009, the Defendant: (a) transferred KRW 100,000,000 from the International Bank Account (J) of the instant company managed by the Defendant to L on March 9, 2009; and (b) KRW 5,000,000 from the other I Bank Account (K) of the instant company to each other; (c) L deposited KRW 80,000,000 out of the said money to MI; (d) the Defendant deposited KRW 80,000,000 from the said money to MI; and (e) the Defendant received the said money from M to L, thereby embezzlement the said KRW 80,000,000 from the said money.

The plaintiff claims 25,00,000 won as part of the above 80,000,000 won as unjust enrichment.

C. On December 14, 2009, the Defendant arbitrarily transferred KRW 18,000,000 from the above corporate bank account of the instant company to the N account on December 14, 2009, KRW 18,000,000,000, and KRW 18,000,000 from the Defendant’s above corporate bank account to the N account on December 14, 2009, and embezzled KRW 74,00,000 in total by voluntarily withdrawing it from the Plaintiff’s account managed by the Defendant.

The plaintiff is out of the above 74,00,000 won.