부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff is a person who operates a store that sells the original body in the Seoul C market with the trade name "D" (hereinafter "the store in this case"). E is a person who works for the plaintiff as an employee in the store in this case, and the defendant is a husband of E.
E was sentenced to imprisonment with labor for three years and six months on July 22, 2016 for the crime of embezzlement of approximately KRW 340 million from October 2012 to July 2015 at the instant store, and the judgment became final and conclusive on December 2, 2016.
(Seoul Central District Court 2016 High Court 2474, 2016No2938). [Grounds for recognition: the fact that there is no dispute, the fact that there is no dispute, the fact that there is a court, the entries of Gap Nos. 1 and 5 (including the provisional number), and the purport of the whole pleadings]
2. The Plaintiff’s assertion E embezzled approximately KRW 340 million by omitting sales in the instant store operated by the Plaintiff.
The Defendant received and used some of the embezzlement money from E as follows:
In light of the fact that there was a record of embezzlement even before E had been punished as embezzlement, and that the Defendant did not have any regular income and would have complied with the Defendant’s consumption behavior following E in the absence of a large monthly wage of E, the Defendant should be deemed to have known of the fact that the money received from E was embezzlement or was not aware of it due to gross negligence.
Therefore, the defendant should return the sum of KRW 117,845,440 to the plaintiff as unjust enrichment.
Deposit for lease paid to lessor F around 201: Amount transferred from the account under the name of 100,000,000 and the account under the name of E, a borrowed account: Total amount of 2,470,000 won E and taxes and electric charges imposed under the name of the Defendant paid from the above borrowed account: Amount used for the purchase of electronic and electronic equipment and furniture total of 8,961,780 won: 6,413,660 won;
3. The determination system is based on the principle of fairness and justice where the gain of the benefiting person's property lacks legal causes.