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(영문) 서울중앙지방법원 2019.10.24 2017가합538211

부당이득금

Text

1. As to the Plaintiff’s KRW 8.530 million and KRW 21 billion, the Defendant shall be from June 17, 2017, and KRW 8.329 billion.

Reasons

1. The fact of recognition is a domestic corporation of C Group, which is a multinational company located in Switzerland, and is engaged in the manufacture and sale business of automatic air control devices and mutual assistance facilities, etc. D is a person who entered the Plaintiff on January 31, 1992 and was working as the regular director in charge of financial management from January 31, 2001 to February 3, 2017.

D From March 14, 2005 to February 3, 2017, the Plaintiff used the Plaintiff’s corporate seal or embezzled approximately KRW 131,793,922,561,561 from the bank account under the Plaintiff’s name to the account of E Co., Ltd. (hereinafter “E”), without the Plaintiff’s authorization by using the Internet banking, and without the Plaintiff’s authority. < Amended by Act No. 132, Mar. 14, 2005; Act No. 11,780,893,93,300 won from the bank account under the Plaintiff’s name to the account of E Co., Ltd. (hereinafter “E”).

D From April 20, 2015 to September 16, 2015, even though there was no transactional relationship or legal relationship between the Plaintiff and the Defendant, D remitted the sum of KRW 8.53 billion from the Plaintiff’s G bank account under the Plaintiff’s name to the Defendant’s bank account at 11 times in total as follows.

No. 1 H. 1: (a) Defendant 2: (b) Defendant 1: (c) 0,00,00 I Bank J 2H on April 20, 2015; (d) Defendant 2 H 1:00,000,00 K Bank L 3H on July 10, 2015; (e) Defendant 4 H 0. 1,000,000,000 K Bank L 1,00,000,000,000,000 1,00,000,000,000 6. 1,00,00,000, 10,000, 5 H 1, 20,000, 6,000, 05, 1,005, 28, 200,000,000 J. 1, 2005.