beta
(영문) 울산지방법원 2019.11.21 2018가합1069

부당이득금반환

Text

1. Defendant B’s KRW 270,758,00 for the Plaintiff and KRW 15% per annum from July 5, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. The Plaintiff, as the representative director of F Co., Ltd. established for the purpose of running the machinery and equipment construction business (hereinafter “F”), operated the private business chain H in the name of G, which is an employee, and Defendant B served as an employee of F from November 2007 to April 30, 2018, and was in charge of F and H’s accounting.

Defendant C is the husband of Defendant B, and Defendant D is the partner of Defendant B, and Defendant E is the partner of Defendant B.

B. In relation to the F business, Defendant B managed each of the following accounts in the name of F, the account in the name of the Plaintiff and the Plaintiff’s dynamics, and the account in the name of “G (H)” in relation to the operation of H, Defendant B dealt with the payment of wages to employees, the settlement of payments to customers, and the purchase of goods.

Account No. 1 F J Bank K2 F L Bank M 3 F L Bank M 3 F L Bank M 4 Plaintiff J bank P 5 Plaintiff J Bank P 6 Plaintiff J Bank Q 7 I J Bank R8 G (H) J Bank S Bank

C. However, during the period from June 15, 201 to September 29, 2017, Defendant B arbitrarily transferred KRW 35,00,000, which is the aggregate of KRW 300,000 from the F’s account to the Defendant B’s account at will during 23 times, and from January 18, 201 to March 15, 201, Defendant B transferred KRW 406,358,300 to the Plaintiff and I’s account at will during 160 times during the period from January 18, 201 to March 15, 201; again, Defendant B transferred KRW 43,83,471 to the Defendant C’s account at KRW 7,00,000; KRW 300,000; KRW 300,000; and KRW 401,74,741,75,741, Jul. 28, 2015>

[Ground for Recognition] Unsatisfy, A No. 1.