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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that the Defendant arbitrarily used KRW 131,815,642 in total by withdrawing only a part of KRW 299,711,159 during the period from September 2017 to May 2019, using the Plaintiff’s employees who had been in custody of the passbook.
During the same period, the Defendant reported excessive amount of the Defendant’s benefits to the National Health Insurance Corporation in order to use the loan application, thereby causing damage to KRW 9,450,00 by allowing the Plaintiff to pay the additional premium amounting to KRW 450,00 per month (= KRW 450,000).
The defendant is obligated to pay the sum of KRW 131,815,642 used at will to the plaintiff and the sum of interest 41,196,374 won from the date of use without permission for each of them to October 14, 2019, totaling KRW 182,462,010 (= KRW 131,815,642 won, totaling KRW 41,815,642 won) and delayed damages.
2. According to the evidence Nos. 2 and 3 of the judgment, the fact of remitting the amount to the Defendant’s account as alleged by the Plaintiff can be acknowledged.
However, in light of the following circumstances that can be recognized by evidence Nos. 1 to 4 and 6 (including various numbers), the evidence Nos. 2 and 3 alone is insufficient to recognize the Plaintiff’s assertion, and there is no other evidence to prove otherwise.
① The Defendant transferred the Plaintiff’s money to the Defendant’s account for the convenience of business according to the Plaintiff’s instruction.
In fact, if money is deposited into the Plaintiff Company’s account, most of the money is transferred to the Defendant’s account, and it can be recognized that the Plaintiff ordered the Defendant to transfer money.
The Plaintiff, as seen above, was unaware of the fact that the Defendant remitted money to his account.
However, the plaintiff's assertion that he/she was unaware of this fact in the nearest period of two years is difficult to believe.
② There is no evidence to prove that the Plaintiff reported excessive benefits to the National Health Insurance Corporation, or that the Plaintiff sustained losses therefrom.
③ The Plaintiff