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(영문) 부산지방법원 2018.06.22 2016가단333069
손해배상 등 청구의 소
Text

1. The Defendant’s KRW 1,413,295 with respect to the Plaintiff and KRW 5% per annum from August 30, 2016 to June 22, 2018.

Reasons

1. Basic facts

A. The relevant Plaintiff Company is a Korean corporation of A, which is engaged in the manufacture, wholesale, etc. of various kinds of products, components, and accessories of dams, etc. with headquarters in Austria, and C, as the representative director of the Plaintiff Company from May 24, 2004 to May 28, 2013, is a person in charge of the management of the Plaintiff Company’s funds, etc., and the Defendant is C, and the Defendant is C.

B. C’s occupational embezzlement: (a) from January 10, 208 to November 30, 2012, 19 persons, such as D, who did not work for the Plaintiff Company over a total of 403 occasions, embezzled by raising funds by arbitrarily paying the sum of KRW 794,608,839 of the Plaintiff Company’s money in the name of wages (a false wage payment method).

C. Around April 14, 2004, the Defendant opened a bank account and deposited money in the name of payment, etc. (1) Around April 14, 2004, at the request of C, it was difficult for C to conduct a bank transaction with a credit bad at the time, and the E Union self-reliance deposit account with the Defendant as deposit holders (hereinafter “instant account

A) The Plaintiff opened and offered the instant account from January 2008 to November 201, 2012, C deposited KRW 194,276,382 (taxes) in the form of false wage payment prior to the instant account, and immediately withdrawn and used the said money (hereinafter referred to as “instant money”).

(2) Meanwhile, the Defendant had been living in a foreign country mainly from around 2008 to around 2011.

The Plaintiff Company filed a report on year-end tax settlement and global income tax, etc. and the Plaintiff Company paid 2,63,957 won (=income tax 2,394,50 won) calculated by deducting 12,86,956 won from the above 47,339,133 won (tax prior to tax) in relation to the amount of 47,339,133 won (tax prior to tax) in the name of the above salary for the Defendant in 2012,63,957 in total as income tax and local income tax, and the Defendant paid 2,63,957 won (income tax 2,39,450 won) in relation to income tax and local income tax on May 24, 2013.

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