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(영문) 서울중앙지방법원 2020.05.21 2018가합519644
부당이득반환 등 청구
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 11,408,00,000 as well as the interest rate from July 6, 2018 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells automatic air control devices, mutual aid facilities, etc., and G is a person who joined the Plaintiff on January 31, 1992 and was working for the Plaintiff from January 31, 2001 to February 3, 2017.

B. Although there is no legal relationship between the Plaintiff and the Defendant Company B (hereinafter “Defendant Company”), G transferred the sum of KRW 11,408,001,000 from the Plaintiff’s account in the name of the Defendant to the bank account in the name of the Defendant without the Plaintiff’s approval on 16 occasions from November 3, 2008 to March 21, 201.

(3) On November 1, 2008, the transfer date of 158,001,000 on April 1, 2009; 50,000,00 on June 3, 2009; 300,000 on June 3, 2009; 250,000,000 on July 7, 200, 200, 200, 2000 on December 21, 200, 200, 200, 300,000 on December 21, 200, 200, 200, 300, 100,000 on December 21, 200, 200; 10,000,00 on December 12, 200, 2000;

C. At the time of the instant transfer, Defendant C and D were co-representatives of the Defendant Company, Defendant E and F were directors of the Defendant Company, and G were in office as auditors of the Defendant Company.

On the ground that G embezzled KRW 131,793,922,561 of the Plaintiff’s funds, the Plaintiff filed a lawsuit against G to seek payment of KRW 115,931,050,537, which deducted KRW 15,862,872,02,561 from the Seoul Central District Court 2017Gahap534790, supra, from KRW 131,862,872,02,561.

Although claims against H are also included, G-related parts are explained only.

B. As to the instant transfer act in KRW 131,793,922,561, as claimed by the Plaintiff in the foregoing case

The claim does not include KRW 11,408,000,000 in the above case. The plaintiff is up to the time.

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