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(영문) 의정부지방법원 고양지원 2018.06.20 2017가단74043

손해배상(기)

Text

1. The Defendants jointly share KRW 50 million with the Defendants from February 24, 2017 to March 21, 2017, and Defendant B.

Reasons

1. Facts of recognition;

A. On February 22, 2017, Defendant B visited the Industrial Bank of Korea’s place of origin, and then forged the Plaintiff’s application for bank transactions and opened the Plaintiff’s ordinary deposit account (hereinafter “the instant deposit account”).

B. On February 23, 2017, Defendant B submitted an application to repurchase the Plaintiff’s beneficiary certificates to the Bank’s original place on the Industrial Bank of Korea on February 23, 2017, forging the application, and then transferred KRW 4 billion out of KRW 4,291,632,271 to the instant deposit account, and withdrawn KRW 100 million as KRW 40,000,000,000 in KRW 50,000 in KRW 1,10,000 in KRW 40,000 in KRW 1,00,000 in KRW 1,000 in the same day.

C. On March 3, 2017, the Plaintiff’s employee found the above facts, and the preceding year testified with the Plaintiff’s representative director D as of January 6, 2017, and then recovered the remainder of the check 50 million won on the same day 21:30 on the same day, excluding one copy of the KRW 50 million check.

[Grounds for recognition: Gap's 1, 3, 8, 9, 10, 12, Gap's 11-1 through 4, the purport of the whole pleadings

2. Determination as to Defendant B

A. Grounds for claims: The same shall apply to the above facts recognized.

(b) Judgment by publication: Article 208 (3) 3 of the Civil Procedure Act;

3. Determination as to Defendant C

A. Defendant C in collusion with Defendant B, thereby causing damages to the Plaintiff Company amounting to KRW 50 million. As such, Defendant C, as joint tortfeasor, is obligated to pay KRW 50 million and delay damages to the Plaintiff as joint tortfeasor with Defendant B and the Plaintiff.

B. Defendant C’s assertion did not invite Defendant C to commit a crime with Defendant B.

The details of the case are as follows.

From the end of 2016, Defendant C suffered damage to the Plaintiff Company and spreads the question that D, the representative director of the Plaintiff, was in an inappropriate relationship with the Plaintiff Company’s employees.