부당이득금
Of the judgment of the court of first instance, the part against the plaintiff against the defendant B, which orders payment below.
1. The basic facts of the claim (1) The Plaintiff is a person running the “Eel” (hereinafter “the instant telecom”) in Nam-gu Incheon Metropolitan City D. The Defendants accommodated in the instant telecom and worked as an employee managing the instant telecom from September 1, 2009 to December 31, 2013.
Defendant B is the Plaintiff’s husband, and Defendant C is the husband of Defendant B.
(2) Defendant B processed the expenses by requesting the Plaintiff’s accounting staff to pay or have a third party pay the expenses for employees necessary for the operation of the above telecom.
The Plaintiff had Nonparty H as an accounting employee, and had been engaged in the affairs related to his/her own business, including the operation of the above telecom (the above H did not work at another workplace of the Plaintiff located in Gwangju-do, and did not work at or permanently reside in the instant telecom). (3) However, upon Defendant B’s request, the above H transferred 37,278,826 won in total from May 8, 2010 to January 11, 2012 to the Plaintiff’s account under the Plaintiff’s name of Cho F in the total amount of 18 times. The Plaintiff deposited 37,278,826 won in total from the above F’s account several times (No. 2-2). However, at the time of withdrawal, the above F did not have worked as an employee at the instant telecom, and most of the facts at the time of withdrawal were made to the Plaintiff’s domicile, which was the Defendant’s account in Incheon-do (the Plaintiff’s workplace or other business place, the Plaintiff’s own account and the Plaintiff did not withdrawn from the account.
(4) In addition, the above H transferred the total amount of KRW 16,41,800 from August 6, 2012 to September 12, 2013, the sum of KRW 15,000 from around August 6, 2012 to the account of G where the instant her part-time employee had been employed, and the amount of the deposited amount was almost entirely withdrawn and used over several occasions (Article 3-2 of the evidence).