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(영문) 서울중앙지방법원 2020.04.29 2018가합542316

기타(금전)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff Company is a corporation whose business is to sell automobile parts and related equipment and facilities.

나. 피고 B은 2006. 10.경부터 2017. 11. 7.까지 원고 회사의 상무이사로 근무한 자이고, 피고 C은 피고 B의 배우자, 피고 D은 피고 B의 처남댁이다.

C. Although Defendant C did not actually have worked for the Plaintiff Company, it deposited the nominal money, such as the following wages, into the E account (Account Number F, hereinafter “Defendant C account”) under the above Defendant’s name.

40,950,000 23,40,000,00 23,40,150,400 23,400,400,400 23,400,000 36,100,000 29,880,880,306 small 119,20,000 46,80,000,000 29,880,306, 200,00 46,80,80,000, 29,880, 306 195,806

D. Although Defendant D did not actually have worked for the Plaintiff Company, the following amount of money was deposited with the E account (Account Number G, hereinafter referred to as “Defendant D account”) in the above Defendant’s name, as well as the Defendant C account (hereinafter referred to as “instant account”).

3,40,000 38,40,000 21,60,600 21,600,000 39,000,000 21,60,300,000 9,300,000 7,532,87632, 90,100,000 43,200,000 43,200,000 43,200,000,000 7,532,532,876 140,872,876 / [Grounds for recognition] The purport of each of the evidence set forth in subparagraphs 1 through 3, 1, 22, and 22

2. The Defendants conspired to list Defendant C and Defendant D as the employees of the Plaintiff Company, and embezzled the sum of KRW 195,880,306 in each of the instant accounts from 2011 to 2014 (Defendant C), 140,832,876 (Defendant D), as remuneration, etc.

Therefore, the Defendants jointly are liable to compensate for damages caused by illegal acts in the Plaintiff Company; Defendant B is liable to compensate for damages caused by illegal acts in the Plaintiff Company; Defendant C is liable to pay KRW 195,880,306 out of the above money; Defendant D is liable to pay KRW 140,832,876 out of the above money; and damages for delay.