beta
(영문) 의정부지방법원 2015.08.19 2014가합10226

횡령금반환

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Plaintiff

On December 3, 2012, the company is a company which develops female fluts and produces and supplies them, which was dissolved in accordance with Article 520-2(1) of the Commercial Act, and C establishes and operates a personal business entity D.

Around March 1993, E Co., Ltd. and around March 1998, a person who respectively establishes the Plaintiff Company and is employed as a director of E Co., Ltd. and a liquidator of the Plaintiff Company. The Defendant was a person who was employed by the Plaintiff Company from around December 1, 1991 to around May 1, 1993, E Co., Ltd. and from around December 1, 200 to June 2008.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 10, 11, Eul's evidence Nos. 11 through 10, witness F, G, H's testimony, and the overall purport of oral argument, the plaintiff company is judged as to the primary claim of the whole purport of oral argument. The defendant's act of withdrawing the company's funds while in charge of the financial management of the plaintiff company's funds and using it as the expense of the plaintiff company, the remaining amount of credit payment, cash payment, cash market balance, etc. are arbitrarily consumed without depositing them into the plaintiff company's bank account again, and then 2,605,372,279 won (the "total amount" in attached Table No. 1 list 2,659,223,879) as shown in attached Table 1 list No. 2,659, 239, 2879, the defendant's intent of compensation for damages is calculated as 291,297,297,27970 won.

In this regard, I asserts that there is a duty to pay damages for delay.

In this case, Gap 1 through 14, 17, 18, 19, 22, 23, 26, 27, 28, 30, 33, 35, 36, 37, 44, 45 through 92, 95 through 11, 114, 11 through 14, 18, 20 each statement of evidence (including the number number; hereinafter the same shall apply), witness F, G, H testimony of this court, national bank of this court, Korean bank, new bank and Nong Bank of Korea, and Nong Bank of Korea.