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(영문) 부산지방법원서부지원 2019.07.24 2017가단8539

부당이득금

Text

1. The Defendant’s KRW 72,500,000 and the Plaintiff’s 15% per annum from February 14, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures the automatic control system.

B. The Plaintiff paid to the Defendant KRW 72,50,000,000,000 on April 14, 2015, ② KRW 19,000 on June 19, 2015, ③ KRW 20,000 on July 13, 2015, ④ KRW 30 million on February 1, 2016, under the pretext of the overseas business expenses of the automatic control system.

C. The Defendant received KRW 5 million from the Plaintiff on April 14, 2015, and transferred KRW 12.5 million to C on the same day, KRW 2.5 million, KRW 2.5 million, and KRW 5 million to the Do bank account in the name of the Defendant, and KRW 5 million to C on the same day after receiving KRW 10 million on June 19, 2015, KRW 500,000, KRW 349,60, KRW 3,060 to F, and KRW 1 million to the Do bank account in the name of the Defendant, KRW 3,652,302 to the Do bank account in the name of the Defendant, and KRW 3,652,02,000 to the Do bank account in the name of the Defendant, KRW 3.2,500,000 on July 13, 2015; and deposited KRW 200,000 to 36G on June 261, 2015.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 and 2 (including additional numbers), the response to the order to submit financial transaction information to H Co., Ltd. by this court, the purport of the whole pleadings

2. The facts that the Defendant received KRW 72,50,00 from the Plaintiff as a foreign business expense are as seen above, and according to the following circumstances acknowledged by adding the whole purport of the pleadings to the evidence and evidence set forth in the above-mentioned evidence and the evidence set forth in subparagraphs 3 through 10, and the video set forth in No. 10-1 through 3, the Defendant embezzled the above money by using it in a place unrelated to the Plaintiff Company’s overseas business.

Therefore, Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 14, 2018 to May 31, 2019, which is the day following the delivery date of a copy of the complaint of this case to the Plaintiff, and Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.