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(영문) 서울고등법원 2014.12.26 2014나1555

부당이득금반환

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim added in the trial is dismissed.

3. The time when the action has been brought.

Reasons

1. The following facts in the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account each of the statements and the whole purport of the arguments set forth in Gap evidence Nos. 1 through 7, 10, 11, Gap evidence Nos. 8 and 12-1, 2, 9-1, 2, 3, 18-1, 10, 12-1, 10, 12-1, 2, 3, 11-1, 2-1, 11-2, and 11-2.

[1] The Defendant is an organization established under the Small and Medium Enterprise Cooperatives Act to promote the sound development of the funeral industry and the independent economic activities among its members.

C worked as the head of the Defendant’s business division from October 1987 to March 31, 2010, and it was responsible for the work such as requesting the Agricultural Products Distribution Corporation to deliver an order from the members or the end-user company.

[2] In January 2009, the Defendant discovered a difference in stock between the Defendant and the members of the association in the process of settling accounts for the previous year and investigated the current status of the business of supplying the new stocks, the Defendant: (a) discovered the amount received by C from its members; or (b) sought compensation for the amount of damage by taking advantage of the suspicion that C embezzled the Defendant’s rise; and (c) sought compensation for the amount of damage.

C on January 25, 2010, I have drawn up a letter of "I, as well as I, confirm that I is the full responsibility for the accident occurred in the course of performing the business affairs of supplying the rise of the rise of the union, I will compensate for the total amount of the accident, and will be responsible for any other accident related thereto, and if I will not compensate, I will accept a civil or criminal punishment."

[3] Meanwhile, on November 3, 2008, C is in charge of the Plaintiff’s work of supplying and selling bean employee, and if C supplied bean at low prices by the Agricultural and Fishery Marketing Corporation and disposed of it at low prices in the market, it is possible to invest money in money.

Interest shall be paid at 10-15% of the investment principal once every two months, and the investment principal shall be at any time by the plaintiff.