손해배상(기)
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. From May 16, 2008 to March 31, 2012, the Defendant served as the director in charge of the examination at the Plaintiff’s Gyeonggi Branch, received excessive benefits as follows, and withdrawn funds without obtaining approval of the representative director of the Plaintiff.
1) From September 12, 2008 to January 5, 2010 (the payment date of benefits in December 2, 2009), the Defendant received a total of KRW 49,397,030,000 as the salary. Since the legitimate wage is KRW 39,00,000,000, the difference was received in excess of KRW 10,397,030.
B) The Defendant received the benefits in 2010, a total of KRW 47,982,00, and the legitimate amount of benefits was KRW 27,972,830, which exceeded KRW 20,009,170. C) The amount of benefits in 2011 that the Defendant received was the Defendant’s total of KRW 42,87,70,000, and the reasonable amount of benefits was KRW 27,060,660, which exceeded KRW 15,817,040.
2) The Defendant received KRW 53,000,000 on January 23, 2009, KRW 3,000,000 on January 12, 2010, KRW 12,00,000 on December 31, 2010, KRW 4,000,000 on June 9, 201, and KRW 53,000,000 on August 34, 201, the Defendant received KRW 30,000,000 on the basis of provisional payments, provisional payments, receipts, and loans + KRW 30,00 on June 30, 200 x KRW 300,00 on June 30, 200 x 300,00 on the account of the Plaintiff’s branch office branch office’s KRW 300,000 on June 30, 200, KRW 300 on the account of the Defendant.
B. As the Defendant embezzled the sum of KRW 117,223,240 (10,397,00 + KRW 20,009,170 + KRW 15,817,040 + + KRW 53,000 + KRW 18,00,000 + KRW 18,000) without the Plaintiff’s permission, the Defendant should pay KRW 28,33,334, and KRW 730,00 payable to the Plaintiff out of the amount payable on January 2, 2012, and KRW 2,70,00,000 out of the amount payable on February 2, 2012; and KRW 36,324,034, which deducted the sum of unpaid retirement pay from the amount payable on February 4, 2012.
C. Selectively, the defendant gains benefits that do not have any legal ground equivalent to the same amount as the above act, and thereby obtains them.