손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 29, 2014, the former president C of the Plaintiff’s assertion: (a) cancelled the deposit account with the amount of KRW 6.2 billion deposited by D University established and operated by the Plaintiff; and (b) placed the deposit account in the ordinary deposit account of another bank; and (c) converted the deposit account into the certificate of deposit and embezzled it individually by using it.
At the time, the defendant, who had been the president of the D University, was well aware of the circumstances that C intends to use for his own, thereby facilitating C's embezzlement, such as approving the cancellation of the regular deposit account.
Therefore, the plaintiff seeks compensation for damages of KRW 230 million, which is part of the amount of embezzlement against the defendant who is one joint tortfeasor.
2. The judgment of this Court
A. Each statement of Gap evidence Nos. 1 and 24 (including the provisional number) is insufficient to recognize that the defendant aided and abetted the above embezzlement by approving the early cancellation of the regular deposit account with the knowledge of the circumstances that C intends to use as an individual, and there is no other evidence to acknowledge otherwise.
B. Rather, if Eul’s evidence 1-1 and 2 added the purport of the entire pleadings, the defendant was prosecuted for occupational breach of trust in relation to the act of approving early cancellation of the said regular deposit account, but the first instance court rendered a verdict of innocence on May 31, 2018, dismissed the prosecutor’s appeal on October 30, 2018, and then became final and conclusive around that time.
3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.