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(영문) 서울중앙지방법원 2019.10.10 2018가단5181344
손해배상(기)
Text

1. The Defendant’s KRW 50,56,245 as well as the Plaintiff’s annual rate from November 17, 2017 to October 10, 2019.

Reasons

1. Facts of recognition;

A. From September 15, 2017 to December 26, 2017, the Defendant, as the head of the Plaintiff’s department, engaged in the management of business and funds. On November 2, 2017, the Defendant, at the office of C Co., Ltd. (hereinafter “C”) (hereinafter “C”), issued by E (F) under the name of the actual operator D and endorsed by C, and embezzled the instant promissory note by issuing one promissory note (hereinafter “instant promissory note”) as of January 29, 2018, while being kept for business upon request of H to lend a promissory note as of November 17, 2017.

(hereinafter referred to as the “instant embezzlement incident”). B.

The defendant is above A.

On February 19, 2019, the case is pending in the appellate court (Seoul Central District Court 2019No878) which was declared guilty (two years of suspended sentence in six months of imprisonment) by the above court on February 19, 2019.

[Ground of recognition] Gap evidence 1 to 3, Gap evidence 6, Gap evidence 7-1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of the recognition as above, the defendant is liable for damages sustained by the plaintiff under Article 750 of the Civil Act as a tortfeasor who embezzled the Promissory Notes in this case.

B. (1) The Plaintiff’s assertion is equivalent to the face value of the Promissory Notes in question, but the sum of KRW 72,795,335 that the Plaintiff received as compensation for damages is 72,795,333 won, which appears to be erroneous.

(i) around January 2018, KRW 12,795,33 around March 3, 2018 of the same year and KRW 73,941,010 of the value of the returned goods (i.e., KRW 147,882,020 x 50%) and KRW 73,941,010 of the value of the goods returned (i.e., KRW 147,882,020 x 50 x 50 x 132,023,655 x 278,760.

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