손해배상(기)
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the parties' arguments
A. While Defendant B kept the Plaintiff’s sales proceeds as the person in charge of managing the branch office in Seoul, he/she embezzled KRW 212,826,600 on several occasions without the Plaintiff’s permission by lending KRW 212,826,60 on several occasions to Defendant D without the Plaintiff’s permission. Defendant C, as an accounting official of the above office, requested the Defendant B to lend KRW 142,190,50 to the husband of the Defendant C without the Plaintiff’s permission. The Defendants embezzled the Plaintiff’s funds.
Therefore, Defendant B, in collaboration with Defendant B, has a duty to pay 35,017,100 won (212,826,600 won) and damages for delay thereof; Defendant D, a joint tortfeasor, jointly with Defendant B, 212,826,60 won and damages for delay thereof; Defendant C, a joint tortfeasor, jointly with Defendant B, has a duty to pay 142,190,50 won and damages for delay thereof.
At first, Defendant D is obligated to pay 212,826,60 won borrowed from the Plaintiff and delay damages therefor.
B. From among the funds kept at the Seoul branch, Defendant B had the right to comprehensively dispose of the remaining portion of the funds in the Plaintiff’s headquarters. Thus, even if Defendant B loaned part of the funds to Defendant D and Defendant C’s husband, it cannot be deemed as embezzlement of the Plaintiff’s funds. As alleged by the Plaintiff on domestic affairs, even if Defendant B and C embezzled the above funds, the above amount was paid more than the amount, so the Defendants did not have any obligation to pay damages to the Plaintiff.
2. Facts of recognition;
A. The Plaintiff is a company that processes and sells fishery products in Youngnam-gun, and Defendant B was a person who worked as a person in charge of the Plaintiff’s branch office in Seocho-gu Seoul, Seoul, and Defendant C was a person in charge of the Plaintiff’s branch office in Seocho-gu, Seoul.
B. The Plaintiff’s Seoul branch office receives the digging cost from the Plaintiff’s head office.