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(영문) 서울중앙지방법원 2017.10.18 2015가합562470
손해배상(기)
Text

1. The Plaintiff:

A. (1) Defendant C shall be KRW 1,491,531,260, Defendant C shall be either Defendant C and each of Defendant C, KRW 583,418,820, and KRW 2).

Reasons

Basic Facts

The plaintiff is a company established for the purpose of marine transportation, etc., and the non-party He was employed for the plaintiff company on January 5, 1987 and worked for the above company's accounting and accounting and accounting settlement team for about 28 years until September 18, 2015 until he/she died as the organ of cell cells.

Defendant B married with H on December 20, 201, but divorced on March 18, 2015, and Defendant C, D, E, F, and G are children of H at the time of his death.

(B) Defendant C and D have children between H and Defendant B; Defendant E, F, and G are children between H and Nonparty I, who are their former wife; hereinafter “B money Defendants”). [Grounds for recognition] There is no dispute; Defendant A, 2, and 4 (including branch numbers; hereinafter the same shall apply); the Plaintiff’s assertion as to the Plaintiff’s claim for the purport of the entire argument; Defendant C and D embezzled the amount of KRW 7,457,656,30 in total for five years by taking advantage of the status of exclusively managing all the duties of the Plaintiff’s financial management team; and accordingly, Defendant E, F, and G embezzled the amount of money for five years. Accordingly, the Plaintiff was liable to compensate the Plaintiff for damages equivalent to the amount of money at the time of death; the remaining Defendants, who are their successors, are obligated to compensate the Plaintiff for each inheritance amount of KRW 1,491,531,260 (= the above7,457,65,306, 301/5).

On the other hand, Defendant B is liable to compensate the Plaintiff for totaling KRW 3,329,245,100,00 on the ground of unjust enrichment, as follows: (a) Defendant B is primarily liable for joint tort; and (b) Defendant B is liable for compensating the Plaintiff for totaling KRW 3,329,245,100 on the ground of unjust enrichment.

The Defendants’ assertion that H had been able to withdraw a large amount of money during the short period can be deemed to have been made with the approval of the management of the Plaintiff Company. As such, H withdrawn money.

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