손해배상(기)
1. The Plaintiff: 12,020,773 won in a lot shopping company; 12,046,237 won in a case of Defendant Nonghyup Bank Co., Ltd.; and the Defendant.
1. Basic facts
A. The Plaintiff’s husband C registered his business under the name of the Plaintiff and operated a restaurant including the head office and branch office (hereinafter “instant restaurant”) with the trade name of “D,” and used six accounts, including three national bank accounts in the Plaintiff’s name, two agricultural bank accounts, and one agricultural bank account in the name of the Plaintiff for the operation of the instant restaurant.
From August 24, 2009 to June 30, 2013, Nonparty F served as the accounting of the head office of the instant restaurant with the name of “G” (F’s partner) from August 24, 2009, and managed the said six accounts, and performed duties such as settlement of accounts, payment of taxes, and management of employee benefits.
B. Around July 5, 2012, F: (a) obtained the approval from C to disburse KRW 6,141,262 as the settlement price for H; and (b) arbitrarily remitted KRW 6,141,262 from the Plaintiff’s agricultural bank account in the name of the Plaintiff to the agricultural bank account in the name of the Plaintiff; and (c) subsequently embezzled KRW 6,141,262 by withdrawing or arbitrarily remitting KRW 257,824,439 from the said six accounts over 138 occasions until May 2013.
(B) The amount of embezzlement filed by C was KRW 50 million, and the amount of embezzlement charged was KRW 493,885,320, but the amount of embezzlement was changed to KRW 257,824,439, and the amount of embezzlement was changed to KRW 257,824,439, and the criminal judgment became final and conclusive by recognizing the crime of embezzlement in the course of business.
From September 27, 2010 to June 17, 2013, F purchased gift certificates amounting to KRW 164,900,000 in total on 70 occasions, as indicated in the card use and pre-payment slip, from among the slot Slocker’s operated by Defendant Home Puler Company, as one operated by Defendant Home Puler Company, Defendant Home Puler Daegu store operated by Defendant Home Puler Company, and Defendant B’s release on bail, and arbitrarily paid the purchase of gift certificates amounting to KRW 164,90,000 in total, as indicated in the card use and pre-payment slip, and arbitrarily paid the purchase by two corporate public service cards (SeoulFC and national KB card; hereinafter “the instant credit card”).
In the criminal judgment, the occupational breach of trust against the above amount has been recognized.