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(영문) 의정부지방법원 2018.07.27 2017가합1285

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that conducts landscaping planting business, construction business of landscaping facilities, and D is a person who actually operates the Plaintiff.

Defendant B is the Plaintiff’s employee as the wife of Defendant C.

B. D and Defendant C operated the Plaintiff from February 2006 to the same trade, and around September 2014, the same trade relationship was liquidated.

Since then, D operated the plaintiff independently, and the defendant C acquired the E (hereinafter referred to as "E") company.

C. D Around August 19, 2015, driving a vehicle under the influence of alcohol without obtaining a driver’s license (hereinafter “instant crime”), and as a result, D was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving and without obtaining a driver’s license) at the District Court on February 3, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, and 8, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion D is that Defendant B entrusted Defendant B with the management of the Plaintiff’s funds.

However, Defendant B embezzled the Plaintiff’s funds in collusion with Defendant C by taking advantage of the circumstances of escape or detention due to the instant crime.

Defendant B transferred the total amount of KRW 220,300,000 to E or Defendant C’s account, and KRW 10,000 to Defendant B’s account under his name.

Therefore, the Defendants are liable to compensate the Plaintiff for damages arising from joint tort. As such, Defendant B is liable to compensate the Plaintiff for damages (i.e., KRW 230,300,000 (= KRW 2220,300,000,000) and Defendant C is jointly and severally liable with Defendant B for payment of KRW 222,30,000,000 and delay damages to the Plaintiff.

B. Determination 1) According to the statement in Gap evidence Nos. 9-1 to 6, and 10, the account of the plaintiff No. 9 (Account Number: F; hereinafter "Account No. 1 of this case")

(i) from E’s account (Account Number: G or Defendant C’s account (Account Number: H. I) to total of KRW 220,300,000 for five times.

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