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(영문) 서울남부지방법원 2017.04.13 2016가합108220
부당이득금 청구의 독촉
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic facts C, such as embezzlement of C, was the head of the Plaintiff’s management support team, in charge of the management of the Plaintiff’s internal welfare fund. The Defendant is the mother of C.

C on June 21, 2013, the Plaintiff’s internal welfare fund deposited in the Plaintiff’s national bank account was transferred KRW 1,311,745,048 to the Defendant’s national bank account under the name of the Defendant (D, Gap evidence 1; hereinafter “instant national bank account”) and the said money transferred to the same account.

C was sentenced to five years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (Embezzlement) that voluntarily withdrawn and used the instant embezzlement, etc. of the Plaintiff, which was kept in custody in the course of business as described in the aforementioned paragraph (2) in a criminal case conducted by Seoul Southern District Court 2015.3, Dec. 3, 2015. C appealed appealed against the above judgment, but the Seoul High Court sentenced the dismissal of the appeal on May 13, 2016 (Seoul High Court 2015No3680) and became final and conclusive around that time. The developments leading to the instant embezzlement transfer of KRW 10 million out of the instant embezzlement, and KRW 150,000,000,000 from June 24, 2013, to the national bank account in the name of C. The new account in the name of C in the name of the Defendant bank (E, subparagraph 6, and subparagraph 1, “the instant account”).

(C) A bank account in the name of the Defendant (F, A, No. 3; hereinafter “New Bank account in the instant case”) was transferred in KRW 10 million on July 25, 2013, and KRW 67 million on August 16, 2013, respectively. From the national bank account in the instant case, the new bank account in the name of the Defendant (F, F, A, 3; hereinafter “New Bank account in the instant case”).

) On June 24, 2013, KRW 20,000 was transferred to the bank account in the name of the Defendant (No. 4, hereinafter “instant bank account”) and on the same day, our bank account in the name of the Defendant (No. 4, hereinafter “instant bank account”).

(1) The Plaintiff’s assertion of the purport of the entire pleadings and arguments was also transferred in KRW 10,50,000. [The Plaintiff is aware that the money transferred to the account of the instant national bank is the embezzlement of Section C.

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