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(영문) 인천지방법원 2018.01.12 2016가합53592
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation established in India by the Plaintiff Co., Ltd. (hereinafter “Plaintiff’s headquarters”) for the purpose of coping with the entry into India by the domestic automobile company, and carries out the business of installing, remodeling, repairing and manufacturing presses around presses within India.

B. After joining the Plaintiff’s head office, the Defendant worked as the Plaintiff’s head office from December 9, 2009, and retired from office after submitting a resignation certificate to the Plaintiff’s head office on May 20, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s headquarters delegated the Plaintiff’s business management, personnel management, and fund management to the Defendant, and the Defendant, as the Plaintiff’s corporate head, was in the status of managing the Plaintiff’s cash, passbook, card, etc.

The Defendant acquired 4,263,197.20 cubic volume (in Korean won as of March 31, 2012, 102,018, 308.96 won in Korean won as of March 31, 2012) from the head of the Tong (HDFK, ACCO UNT No. D) under his/her control, and continuously released 50,000 cubic volume of cash equivalent to the daily release limit from D to almost every day, and acquired 44,67, 343.30 cubic volume of cash as of March 31, 2013, from April 1, 201 to March 31, 2013, and acquired 30,37,3747,307,305,47,57,57,300 won in Korean won as of March 31, 2013 (foreign Exchange Bank) and acquired 44,67,375,4757.3

Since the Defendant committed the above embezzlement and inflicted damages on the Plaintiff, the Defendant is obligated to pay the Plaintiff damages for the tort amounting to KRW 422,353,086 and damages for delay from the day following the delivery of a copy of the complaint to the day of full payment.

B. The Defendant asserted that he was working as the Plaintiff’s corporate head, and was delegated by the Plaintiff’s head office to perform duties, such as managing the Plaintiff’s funds from April 1, 201 to March 31, 2013, withdrawn money equivalent to 18,930,540.50 square meters from the Plaintiff’s account under the name of the Plaintiff.

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