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(영문) 서울서부지방법원 2017.06.22 2014가합40831
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Plaintiff B is a person running Plaintiff Company A (hereinafter “Plaintiff Company”), D, and E (hereinafter “E”), and the Defendant is an employee in charge of accounting affairs in Plaintiff Company, D, and E from January 2007 to July 201.

B. From January 2007 to July 201, KRW 121,109,032, as stated in the details of the Plaintiff Company’s capital transfer, were transferred respectively to the bank account in the name of the Defendant (NAF, Korea Bank G, National Bank H, Korea Bank I, J, Nonghyup Bank, Kong Bank L, and NAF) in the bank account in the name of the Defendant (NAF, Korea Bank N, O, Korea Bank P, Q. P, Q., R, Han Bank, Han Bank, and Han Bank T) in the name of the Plaintiffs from January 2007 to July 201, as indicated in the details of the Plaintiff Company’s capital transfer.

[Ground of recognition] Facts without dispute, Gap 2 through 9, 11 through 23, Eul 1 through 7, 9 through 12 (including additional numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that the Defendant arbitrarily appropriated KRW 121,109,032, which is the sum of KRW 79,346,270, and the sum of KRW 121,109,032, of the funds of the Plaintiff Company as stated in the attached Form D, among the funds of the Plaintiff Company D operated by the Plaintiff B.

Therefore, in the first place, on the grounds that the Defendant embezzled the funds of the Plaintiffs, the Defendant is obligated to pay KRW 79,346,270 to the Plaintiff Company, and KRW 121,109,032 to the Plaintiff Company.

B. The Defendant’s assertion is the Plaintiff’s company, D, and E’s account from January 2007 to July 201, and it transferred funds from the said company’s name to the Defendant’s account under the name of the Defendant, and then arbitrarily used them for all of the Plaintiffs by executing expenses, employees’ wages, etc.

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