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(영문) 수원지방법원 2016.01.15 2015가단111934

손해배상(기)

Text

1. As to KRW 1,886,870 among the Plaintiff and KRW 1,778,370 among them, the Defendant shall pay to the Plaintiff KRW 42,00 from November 1, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the main dysing manufacturing business and gold-type manufacturing business, and the Defendant, on July 3, 2013, joined the Plaintiff as a regular manager, and worked until October 31, 2014, and was in charge of the Plaintiff’s main trading business.

B. The Defendant received and used the corporate bank corporation card in the name of the Plaintiff (the card number C, hereinafter “instant corporate card”) from the Plaintiff.

C. The Plaintiff asserted that the Defendant used KRW 1,886,870, out of the instant corporate card regardless of business operations, and filed a complaint against the Defendant for the charge of occupational breach of trust.

Since then, the Defendant was charged with summary order of KRW 1,886,870 by using the pertinent corporate card for personal purposes other than business activities, such as living expenses, even though it had occupational duties to use the instant corporate card only for business activities, and acquired a total of KRW 1,886,870 for a total of 41 times, as shown in the attached list, and charged with causing damages equivalent to the same amount to the Plaintiff. On July 15, 2015, the Suwon District Court issued a summary order of KRW 700,000 in the case of occupational breach of trust.

On November 30, 2015, the above court found the Defendant guilty of the above crime and sentenced the Defendant to a fine of KRW 300,000,000, which became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4, facts with merit in this court, the purport of whole pleadings

2. The Defendant asserted that the Plaintiff used the Plaintiff’s corporate card from January 2, 2013 to December 8, 2014. Considering the date, place, use of the card, etc., the amount equivalent to KRW 17,708,228 out of that used for personal purposes other than business.

Ultimately, the defendant violates the duty to use the above corporate card for the plaintiff's work.