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(영문) 서울중앙지방법원 2020.05.28 2018가합541078
손해배상(기)
Text

1. The Defendant’s KRW 52,494,526 as well as the annual rate from May 31, 2017 to May 28, 2020, and the following.

Reasons

Basic Facts

The Plaintiff is a corporation engaged in textile manufacturing and wholesale, retail business, export and import business (made, coffee, machinery, food, miscellaneous, liquor, etc.) and the Defendant has been engaged in accounting and accounting duties from May 201 to January 2014 and from February 2015 to March 2017.

On August 9, 2007, the Defendant deposited KRW 6,00,000 in the Cbank account (D) under the name of the Plaintiff, and deposited KRW 6,00,000 in the C Bank account under the name of the Defendant (E) on the same day, etc. from August 9, 2007 to July 29, 201, such as deposit of KRW 6,00,000,000 in the C Bank account under the name of the Defendant, etc. from August 9, 2007 to July 29, 2011, and deposited KRW 135,873,940 in total from the Plaintiff’s account under the name of the Plaintiff, and deposited KRW 106,138,403 in total, as stated in the date of payment and the column for entry.

On March 20, 2020, the Defendant was indicted for the Defendant’s occupational embezzlement of KRW 186,107,367 of the total amount of KRW 259,606,647 among the total amount of KRW 186,107,367 of the total amount of KRW 259,60,647, as indicated in the list of crimes No. 2020, May 200.

[Ground of recognition] A without dispute, Gap's evidence Nos. 7, 8, 12, 13, Eul evidence Nos. 3 (including each number), Eul's response to the order to submit financial transaction information in this court, and the ground for claim of the whole purport of the pleadings, the plaintiff asserted that the defendant embezzled the plaintiff's funds by arbitrarily withdrawing funds from the account under the plaintiff's name for his/her own interest from the account under the plaintiff's name for his/her own interest while engaging in accounting and accounting as the plaintiff's accounting and accounting personnel, depositing them into the account under the defendant's name,

The defendant's tort caused a total of KRW 58,494,526 as stated in the "claim Amount sheet" in the attached claim amount table, and the defendant is obligated to pay the above KRW 58,494,526 to the plaintiff and the delay damages.

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