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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is the former husband of the non-party B who served as the plaintiff company's accounting.
B. B: (a) arbitrarily transfers from the Plaintiff’s bank account in the name of the Plaintiff Company to the account in the name of B, Defendant, and C (B) and uses it for personal purposes from June 17, 2008 to August 25, 2014, the total amount of embezzlement of KRW 781,003,03,291 in total is KRW 871,13,008 in total, or the total amount of KRW 90,129,717 in the list of crimes committed from June 17, 2008 to August 25, 2014; and (b) the prosecutor confirmed that the amount of the last embezzlement was paid to the Customer of the Victim Company as the price of the goods, etc.; and (c) thus, (d) the Prosecutor specified the amount of the last embezzlement as KRW 781,03,291 in total as the price of the goods
The charge of embezzlement B was prosecuted (Evidence A No. 2) and the judgment of conviction was finally affirmed as to all the facts charged.
C. The Plaintiff asserted that “B was embezzled while in office, and received only KRW 145,00,00,000 among them,” and that “B filed a lawsuit for damages under this Court 2015Gahap3655, the Plaintiff filed a lawsuit for damages against B, and that “B shall pay to the Plaintiff the amount calculated at the rate of 5% per annum from September 25, 2014 to February 23, 2015, and the amount calculated at the rate of 20% per annum from September 25, 2014 to February 23, 2015” (Evidence 1) was final and conclusive.
The Plaintiff filed a claim against the Defendant and C for unjust enrichment with the Incheon District Court Decision 2017 Ghana21653 on August 1, 2017, stating that “The sum of the embezzlement funds that B transferred to the Defendant’s account is KRW 12,628,460, and the sum of the embezzlement funds transferred to the Defendant’s account is KRW 7,587,153.” The Defendants are obligated to refund unjust enrichment equivalent to each of the above amounts and interest or delay damages thereon to the Plaintiff.” The Incheon District Court (2018Na1285), the appellate court of the instant case, referred the conciliation of the instant case to the Plaintiff on May 23, 2018, the Defendant paid KRW 15,00,000, KRW 5,000,000,000, respectively, and the payment date shall be paid to the Plaintiff on June 30, 2018.