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(영문) 서울남부지방법원 2016.04.22 2015가단232150
구상금 청구의 소
Text

1. Defendant A’s KRW 28,925,362 as well as 5% per annum from September 25, 2015 to April 22, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On March 20, 2007, Korea Post entrusted the Plaintiff with the opening and operation of an investment discretionary account on October 8, 2010, and the Ministry of Land, Infrastructure and Transport, respectively. Meanwhile, the Defendant A, who was the Plaintiff’s employee, was in charge of the management of the entrusted assets by Korea Post, the Ministry of Land, Infrastructure and Transport, etc. from January 1, 2010 to January 21, 2014.

B. On October 21, 2011, Defendant A: (a) purchased from June 14, 201 to an investment discretionary account of Korea Post at KRW 281,705,096 as of June 14, 201; and (b) purchased from the dicbio 5th (hereinafter “instant dicio”) to an investment discretionary account of the Ministry of Land, Infrastructure and Transport at KRW 286,858,028; and (c) sold the instant dicio to the financial investment collective account under Defendant B’s name at KRW 170,178,083; and (d) sold the dicio dicio 57,754 won from the said account under Defendant B’s name to the discretionary investment account of Korea Post at KRW 287,05,754 on October 26, 2011.

(hereinafter “Defendant A’s tort”). C.

Defendant A violates his duties on July 7, 2015, and he also goes against his duties.

It was sentenced to a suspended sentence of two years for a year of occupational breach of trust on the grounds of criminal facts committing the same act as the preceding paragraph.

(Seoul Southern District Court 2014dan4869). D.

On August 18, 2014, the Plaintiff paid KRW 136,630,734 to the Ministry of Land, Infrastructure and Transport for damages suffered by Defendant A’s tort.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. According to the above facts of recognition as to the occurrence of the right of indemnity, since the Plaintiff as Defendant A’s employer compensates for damages suffered by the Ministry of Land, Infrastructure and Transport due to Defendant A’s tort, Defendant A is liable to pay the Plaintiff the amount of compensation to the Ministry of Land, Infrastructure and Transport within the extent

B. (1) The scope of the Plaintiff’s right to indemnity (1) Defendant A’s employer to the Ministry of Land, Infrastructure and Transport on August 18, 2014.

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