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(영문) 광주지방법원 2015.04.21 2015가단1043

횡령금

Text

1. The defendant shall pay 25,360,000 won to the plaintiff and 20% per annum from December 16, 2014 to the day of complete payment.

Reasons

1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the statement No. 1 of recognized facts.

The Plaintiff and the Defendant respectively invested KRW 25 million in each of their own mobile phone sales stores on or around September 2010, and entered into a partnership business agreement, which reflects their earnings. From October 1, 2010 to April 30, 201, the Plaintiff and the Defendant established a mobile phone sales store with the trade name of “stock company D” in Gwangju Mine-gu from October 1, 201 to April 30, 201.

The defendant was engaged in the overall management of mobile phone sales proceeds.

(1) Around September 15, 2010, the Defendant invested KRW 9 million in the NAF account under the name of the Plaintiff and the Defendant (hereinafter “instant investment account”) in a non-permanent place and deposited KRW 4 million for the Plaintiff in the course of business on the same day, and transferred KRW 3 million on the 16th day of the same month to the account of the NAF account under the name of the NA, and then consumed KRW 9 million in personal use around that time.

(B) On October 15, 2010, the Defendant invested KRW 5,50,000 in the instant account in an unsound place in accordance with the said business agreement and used it for the Plaintiff. On the same day, the Defendant transferred KRW 3,322,236 to the account of community credit cooperatives in E’s name on the same day, and used it in mind by settling the accounts of KRW 3,32,236 for the modern card price used individually on

(2) On December 15, 2010, the Defendant, at the above mobile phone sales store, deposited KRW 9,907,000 from LG U’s G account to the NA account in the name of E and stored for the Plaintiff. On the same day, the Defendant transferred KRW 908,458 to the account of the NA in the name of E and used for personal purposes, and consumed KRW 908,458 in mind.

The defendant shall start up to April 15, 201 by the same method three times in total from that time until April 13, 2038.