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(영문) 의정부지방법원고양지원 2020.03.19 2019가단91653

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

A. The plaintiff was a class 1 motor vehicle maintenance company in Yongsan-gu, Busan Metropolitan City, and Non-party D was a representative director.

The defendant as D's spouse from October 23, 2015, served as the plaintiff's accounting staff from October 23, 2015 to the closure of the plaintiff's business, and is currently serving as D and this court's 2019dhap60411.

B. Where a customer deals with automobile maintenance expenses, the Plaintiff received the automobile insurance sales revenue received from each insurance company as the Plaintiff’s Bank account (Account Number E; hereinafter “Corporate Bank E account”) in the name of the Plaintiff. The Defendant, the accounting officer, transferred most of the sales revenue from the Company E account in the name of the Plaintiff to the Bank account in the name of the Plaintiff (Account Number:F; hereinafter “Corporate Bank F Account”) and used it as the Plaintiff Company’s operating expenses.

However, on October 30, 2015, the Defendant voluntarily withdrawn KRW 700,000 from the Enterprise Bank FF Account and then arbitrarily withdraws KRW 26,607,400 from October 28, 2016 to use the cash amount of KRW 48 times until October 28, 2016, thereby obtaining benefit without any legal cause and causing loss equivalent to the same amount to the Plaintiff.

C. In addition, the Defendant received the Plaintiff’s cash sales revenue from the Plaintiff’s account in the Youngdong Agricultural Cooperative account (Account Number: G; hereinafter “YAF account”) in the name of the Defendant following the transfer of some of them to the Plaintiff’s business bank’s FF account. However, the Defendant voluntarily withdrawn KRW 3290,000 on October 17, 2016 and voluntarily withdrawn KRW 3290,000,000 from 46 times until October 17, 2016, thereby acquiring profits without any legal cause and causing damage equivalent to the same amount.

In addition, during the period from October 23, 2015 to December 31, 2016, which was after the closure of the Plaintiff’s place of business, the Defendant’s business bank account, D’s business bank account (Account Number H; hereinafter “business bank H account”), and the Defendant.