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(영문) 부산지방법원 2016.09.23 2016가단16142

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the party's employee E of the D Cow's station located in Yangyang-si's operation embezzled the plaintiff's oil price, etc., and then, the defendant's side agricultural bank account (F) on June 7, 2010, the same year.

7.5.For the same year

8.5. Each of the above KRW 10,000,000 in total and KRW 30,000 in each of the above KRW 10,000 in the NongHyup Bank account (G) and KRW 10,000 on October 6, 2010 in each of the accounts. The Defendant asserts that the Plaintiff is liable to pay KRW 40,000,000 in each of the above Embezzlement because there was gross negligence on the part of well-known or unaware of the fact that the above 40,000,000 won in each of the above Embezzlement was embezzled.

In this regard, the defendant, at the request of E, has a total of 40,000,000 won for the remaining luminous petroleum selling corporations of D's oil stations with his own new card. < Amended by Act No. 10335, May 10, 2010; Act No. 1

6.11.11. The same year;

7. 12.12.1

8. On April 27, 207, each of the above KRW 10,000,000 was paid in lieu of each of the above KRW 40,000,000, and the performance was remitted as the performance, and there was no public offering for E’s embezzlement, and there was no knowledge that the above KRW 40,000,00 was the money embezzled by E.

2. The Plaintiff’s assertion is insufficient to acknowledge that there was gross negligence on the part of the Defendant, who was either aware or was unaware of the fact that the Plaintiff’s embezzlement of embezzlement of the Plaintiff, or that the said KRW 40,000,000 was the money embezzled by E, solely based on the descriptions of the evidence Nos. 1 to 11, and the fact-finding results and the reply results of this court’s fact-finding and submission order. The Plaintiff’s assertion is without merit.

3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.