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(영문) 울산지방법원 2017.06.28 2016가단56044

손해배상(기)

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 49,929,55 and 5% per annum from November 1, 2014 to June 28, 2017.

Reasons

The Plaintiff is jointly and severally liable against the Defendants on the ground that: (a) the parties to the reimbursement of KRW 99,929,555, which is the remainder of KRW 181,429,555, which was partially repaid by Defendant B, out of KRW 281,429,555, which was embezzled by Defendant B, are jointly and severally liable against the Defendants on the ground that the said money was repaid.

On May 1, 2014, Defendant B prepared and delivered a note of performance of embezzlement to the Plaintiff, each of which was drafted and delivered on August 11, 2014 and October 14, 2014, and Defendant D signed and sealed the intent of joint and several sureties (i.e., the meaning of Defendant B’s repayment).

However, as there is a dispute over “actual embezzlement”, the following is considered.

The Defendant has been engaged in the management of the company’s funds, such as the adjustment of oil sales price and credit sales price of the said company, as the accounting of the victim F in Ulsan-gu, Ulsan-gu, the victim F (formerly changed trade name) operated by the victim F from September 2012 to November 2014.

On January 11, 2013, the Defendant collected KRW 1,400,000,000 from the office of the victim company, and was in the custody of the victim company for the purpose of the victim company. Around that time, the Defendant was withdrawn from the barracks branch of the Ulsan Jung-gu, Ulsan-gu, Ulsan-gu, 574, and used arbitrarily for personal purposes, such as living expenses.

From around that time to December 3, 2013, the Defendant consumed KRW 231,429,555, in mind, in total, 231,429,555 of the total amount of the credit money collected from cash and business partners kept in business for the victim 64 times in the manner described in the attached list of crimes.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

It is evident that Defendant B was indicted for committing the following crimes and was subject to criminal punishment (this Court Decision 2016No3079)

("Defendant" refers to Defendant B". The Plaintiff is the amount of embezzlement recognized in the criminal judgment.