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(영문) 서울남부지방법원 2016.11.24 2015가합103976
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B is KRW 307,855,997, and 5% per annum from February 25, 2015 to November 24, 2016.

Reasons

Basic Facts

From June 8, 2009 to March 23, 2015, Defendant B, as an employee in charge of accounting of the Plaintiff Company, engaged in the management and enforcement of the Plaintiff’s funds while managing the Plaintiff’s account and cash card in the name of the Plaintiff. Defendant B, from April 201 to April 201, was engaged in the duties of publicity, such as the Plaintiff Company’s publicity and customer management.

Defendant D is the mother of Defendant B, and Defendant E is the friendship of Defendant B.

Defendant B and F’s joint criminal acts committed by the Defendants, while working in the Plaintiff Company, conspired with each other to recover money from the Plaintiff’s account under the Plaintiff’s name, by claiming expenses to the Plaintiff as if they were used for the company’s business, along with receipts, etc. used for personal purposes.

G and H account: (a) Defendant F sent to E-gu G and H account; (b) “I are foreigners who have a part-time student in our company. So, there is no passbook to pay part-time expenses.” (c) once asked the Plaintiff to send the money to four passbooks; (d) requested the Plaintiff to return it again; (b) Defendant B demanded the Plaintiff to pay the expenses as part-time expenses for G and H; and (c) Defendant B, despite being aware of the fact that translation of G and H had not been part-time, embezzled KRW 74,100 from the foreign exchange bank account in the Plaintiff’s name to the agricultural bank account in the name of G around March 25, 201, and embezzled KRW 7,447,900 from the Plaintiff’s account in the name of the Plaintiff to July 25, 2012.

Defendant F’s transfer to Defendant F’s account was known that Defendant F claimed the Plaintiff for reimbursement of expenses for personal use. However, around January 5, 201, Defendant F claimed reimbursement of expenses with a receipt attached to the disbursement resolution, the transfer of KRW 417,720 from the account in the Plaintiff’s name to the account in the name of Defendant F was made.

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