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(영문) 울산지방법원 2021.01.14 2019나12602

손해배상(건)

Text

1. The judgment of the first instance is modified as follows.

A. Of the instant lawsuit, the following amounts exceed the money set forth in B.

Reasons

1. Basic facts

A. The Plaintiff was the Plaintiff’s wife, the representative director of D Co., Ltd. (hereinafter “Non-Party Company”). The Plaintiff filed a lawsuit for divorce against C under the Ulsan District Court 2017 D's 1943 D's 2017 D's 1943, and the conciliation was concluded on August 24, 2017, and divorced with C.

B. Since around April 2009, C had an internal relationship with the Defendant. Since April 2012, C entered the Defendant as an employee of the Nonparty Company, and paid the Defendant a total of KRW 115,468,340 as remuneration, etc. As to this act, the Defendant and C was indicted as a joint principal offender in the crime of embezzlement against the Nonparty Company and received a final and conclusive judgment of conviction (Ulsan District Court Decision 2018Da1220,2018 No. 914). [Grounds for recognition] Each entry (where any number is available, number is included) in the evidence Nos. 7 and 8 of C.

(hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff borrowed and returned money to the Nonparty Company from around 2012 to the account of Nonparty Company or Nonparty Company’s customer by transferring the money of KRW 200 million or paying taxes, etc. on behalf of Nonparty Company, upon the Nonparty Company’s request by Nonparty Company, the representative director of the Nonparty Company. This is identical to the purport of the Plaintiff’s claim that money was not returned from Nonparty Company.

As recognized in a criminal judgment, the Defendant bears the liability to compensate for damages against the non-party company by tort of KRW 115,468,340, as so, the Plaintiff shall exercise the right to compensate for damages against the non-party company by setting the secured claim against the non-party company as the secured claim.

Lending is not recognized.

Even if the Plaintiff did not return the amount stated in the purport of the claim on behalf of the non-party company, the non-party company bears the obligation to return unfair benefits or to reimburse expenses incurred in the management of affairs to the Plaintiff, and on the same ground, the damage claim against the Defendant of the non-party