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(영문) 의정부지방법원 2019.01.16 2017가단113884
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion: (a) from May 2012 to May 2016, Defendant B served as the Plaintiff’s president; and (b) Defendant C served as the Plaintiff’s secretary during the said period; (c) the Defendants, upon receipt of the passbook deposited in KRW 13 million from the Plaintiff’s former president E on June 30, 201, embezzled KRW 100,000 out of the money; (d) the remainder KRW 12 million was deposited in the F Depository on July 1, 201, opened and deposited the account (Account Number G; hereinafter “instant account”); and (e) embezzled the account in cash on several occasions on July 18, 201, which was after one year.

Therefore, the defendants are obligated to pay to each plaintiff the amount of 13 million won as unjust enrichment or damages for losses and damages for delay.

2. In full view of the reasoning of the judgment as to the cause of the claim, Gap evidence Nos. 6, 10, Eul evidence Nos. 1, 10, and Eul evidence Nos. 1 (including paper numbers), and witness E’s testimony, the Plaintiff’s criminal complaint for occupational embezzlement around 2017, but on October 18, 2017, although the Plaintiff’s representative, etc. acknowledged that the Defendants used the Defendants’ money for various events, name, gift, travel expenses, etc. with membership fees and support payments, he/she did not regularly hand over his/her business but did not know that the account book was embezzled, and thus, it was issued a disposition of “defluence of suspicion” for the reason that the cash amount was not specified. The Plaintiff’s cash withdrawal from the above account was deposited in H account in the name of 3.6 million won on September 6, 201, and the fact that the Plaintiff’s account was deposited in the name of 3.6 million won on his/her account prior to the deposit.

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