손해배상(기)
1. The plaintiff's main claim is dismissed.
2. The Defendant: (a) KRW 80,000,000 for the Plaintiff and its related expenses on October 14, 2015.
1. Basic facts
A. The Plaintiff is a company engaged in research, development, and industrialization of aircraft control, manufacturing, and software development projects. The Defendant is a person who jointly establishes the Plaintiff in November 201 with C and middle school windows, the representative director of the Plaintiff, the United States of America, and served as a joint representative director from December 16, 201 to June 2015.
B. After the Defendant resigned from the Plaintiff’s joint representative director C, the Plaintiff’s representative director C filed a complaint with the investigative agency by asserting that “the Defendant embezzled totaling KRW 341,217,570 on 64 occasions from October 17, 2012 to June 23, 2015.”
C. On March 16, 2016, the prosecution rendered a non-prosecution disposition against the Defendant on the grounds that “the Defendant has no evident evidence to deem that he/she has arbitrarily appropriated the Company Fund,” etc., on the ground that he/she is “no clear evidence to deem that he/she has arbitrarily appropriated the Company Fund.”
[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, purport of whole pleadings
2. The parties' assertion
A. (1) The Plaintiff’s primary claim is the Plaintiff’s joint representative director, and the Defendant embezzled the Plaintiff’s public funds from April 2015 to June 2015 in various ways, such as remitting the Plaintiff’s public funds to the Defendant’s own account or withdrawing them in cash, thereby causing damage equivalent to KRW 21 million to the Plaintiff.
(1) The Defendant, based on the following reasons: (a) the Plaintiff’s bank account in the name of the Plaintiff was KRW 10 million on April 8, 2015; KRW 3.5 million on the same day; KRW 10 million on April 13, 2015; KRW 10 million on the same day; KRW 5 million on April 22, 2015; KRW 10 million on April 23, 2015; KRW 15 million on the same day; KRW 15 million on the same date; KRW 15 million on April 28, 2015; and KRW 7.5 million on May 28, 2015; and (b) the Plaintiff’s account in the name of the Plaintiff was 10 million on the same day; and (c) KRW 10 million on the same day; and (d) the amount of damages on the ground of the Plaintiff’s account was 10 million on June 3, 11, 2015;