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(영문) 의정부지방법원 2016.06.08 2015가단40883

부당이득금 반환

Text

1. Defendant B’s 36,580,000 won and the interest rate of 15% per annum from January 9, 2016 to the date of full payment.

Reasons

1. The following facts are without dispute between the Plaintiff and the Defendant, and they may be acknowledged by the respective descriptions (including number, hereinafter the same shall apply) of evidence Nos. 1 through 7, and Nos. 1 and 2 between the Plaintiff, Defendant C and D, and by the purport of the entire pleadings.

Defendant B served from March 2014 to May 2014 as the accounting of the Plaintiff’s management office, and is a person in charge of managing apartment management expenses, etc., Defendant C was the husband of Defendant B, and Defendant D was a person who served as the accounting of the Plaintiff’s management office from March 2012 to March 2014.

B. From March 20, 2014 to May 14, 2014, Defendant B voluntarily withdrawn and used the total of KRW 36,580,000 (hereinafter “the instant money”) of the management expenses owned by the Plaintiff eight times in total during the period from March 20, 2014, when he was on duty due to the accounting of the Plaintiff’s management office, Defendant B was sentenced to a suspended sentence of two years for a period of imprisonment with labor for occupational embezzlement at the Jung-gu District Court on December 16, 2014, which became final and conclusive around that time.

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay the Plaintiff the amount of KRW 36,580,000 with compensation for damages incurred by the tort and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from January 9, 2016 to the date of full payment, as the Plaintiff seeks.

3. Determination as to the claim against Defendant C and D

A. The plaintiff's assertion that the defendant C embezzled or abetted the act of embezzlement of the money of this case in collaboration with the defendant B who was his own wife. There is joint and several liability due to joint and several tort or due to ordinary family affairs under Article 832 of the Civil Code, and the defendant D embezzled or abetted the act of embezzlement in collaboration with the defendant B, who is his successor, and caused joint and several acts of embezzlement.