부당이득금
All appeals filed by the plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff) B are dismissed.
Expenses for appeal shall be borne individually by each person.
1. Basic facts
A. The Plaintiff is a joint transport arrangement company.
Defendant B was aware of D while attending the same workplace around 1996, and became friendly.
D When establishing the plaintiff on July 19, 2001, upon D's recommendation, he/she joined the plaintiff's employee on February 1, 2004 and worked until November 2016.
While Defendant B worked as an employee, he was in charge of various accounting affairs including the management of deposits and withdrawals in the Plaintiff’s deposit account.
Defendant C is the husband of Defendant B.
B. From 2006 to 2016, Defendant B transferred approximately KRW 7 billion in total from the Plaintiff’s deposit account to the Defendant’s deposit account (including won currency, US dollars, Japan, and foreign currency) from the Plaintiff’s deposit account. The considerable portion of the funds was re-transfered to the Plaintiff’s or Plaintiff’s affiliated company, Plaintiff’s directorD, etc. to the deposit account, or paid for the Plaintiff’s transaction partner, etc., or paid for the tax imposed on the Plaintiff.
(c)
D On November 2016, 2016, when the funds deposited in the Plaintiff’s deposit account fall short of the amount stated in the daily loan, Defendant B asked for the execution of the funds. Defendant B transferred the funds from the Plaintiff’s deposit account to the Defendants’ deposit account and recognized that part of the funds was used for personal purposes and returned.
The plaintiff paid KRW 100 million to the plaintiff.
(d)
On April 20, 2018, the Plaintiff conspired with the Defendants on April 20, 2018 to use approximately KRW 5.7 billion from 2012 to the Defendant’s deposit account, and filed a complaint against the Defendants for embezzlement in the course of business. However, the prosecutor was unable to properly grasp the amount of damage on July 21, 2020, and ② Defendant B transferred the money owned by the Plaintiff to the Defendant’s deposit account from the Plaintiff’s deposit account.