beta
(영문) 수원지방법원 안산지원 2018.01.10 2016가단30876

손해배상

Text

1. The Defendant’s KRW 13,464,972 as well as the Plaintiff’s annual rate from September 9, 2017 to January 10, 2018.

Reasons

1. The following facts may be acknowledged in full view of Gap evidence 1, Gap evidence 2-1, Eul evidence 2-9, Eul evidence 9, Eul evidence 10, Eul evidence 8, and Eul evidence 8, and the whole purport of the pleading as a whole, and there is no counter-proof.

From April 5, 2010 to July 27, 2011, the Defendant served as a member of the Plaintiff Company’s operating division, and from July 28, 201 to September 1, 2016, as a vice head of the Plaintiff Company’s operating division, respectively, and was in charge of collecting the amount of heat treatment from the Plaintiff Company’s business partner.

B. The Defendant, “Around February 19, 2016, the transport cost of KRW 1930,000,000,000, which is to be paid to the Plaintiff was received from JinINC and kept in custody by the Defendant, and around that time, he/she arbitrarily consumed it for the Defendant’s personal purpose, as indicated in the attached list of crimes (hereinafter “the list of crimes”), from January 201 to August 2016, the Defendant received money equivalent to KRW 24,279,200 from the Plaintiff’s transaction partners, and used the said money for the Defendant’s personal purpose or arbitrarily disposed of the said money while he/she received money from the Plaintiff’s transaction partners, such as in the list of crimes (hereinafter “the list of crimes”) from January 2011 to August 2016.” The Defendant was indicted for suspicion, and was sentenced to a suspended sentence of imprisonment with labor for a period of two years on November 10, 2017.”

This has not been confirmed.

C. The Defendant transferred money of KRW 1,930,00,00,000 as No. 1 of the sight table No. 1 to the Plaintiff Co., Ltd. at that time, and had the Plaintiff remit the money to the Plaintiff Co., Ltd., and transferred KRW 10,349,200 to the Plaintiff’s account around September 8, 2017.

2. Determination on the amount of embezzlement

A. (1) The plaintiff's assertion (1) is the cause of the claim in this case, and the amount that the defendant embezzleds the money of the plaintiff company exceeds the above 24,279,200 won, which is recognized as embezzlement in the judgment in this case, and 40,80,000 won.