logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2014.10.30 2013나51445
횡령금반환 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 59,208,911 as well as to the plaintiff on March 2012.

Reasons

1. Basic facts

A. The plaintiff is a company that runs a chemical craft chropicing business, etc., and the defendant is a person who joined the plaintiff on December 28, 2007 and was in charge of accounting affairs from August 2008 to May 31, 2009.

B. The Defendant, while in charge of accounting affairs, prepared a statement of daily admission and withdrawal from the Plaintiff once every three to four days, and obtained the approval of C, which is the actual representative of the Plaintiff, as the husband of D, who is the representative director.

C. The Plaintiff managed the funds using the Bank F account, such as the Bank E account of the Industrial Bank of Korea (hereinafter “instant Account”) (hereinafter “instant Account 2”). The details from August 2008 to April 2009, which the Defendant had been in charge of the Defendant’s accounting, deposited from each of the instant accounts to the Defendant’s account are as indicated in attached Table 1 “the details of the account transactions between the original Defendant”.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 9-1 through 6, evidence No. 11-1, 2, 3, 71-74-2, the testimony of the witness C at the first instance court, the testimony of the witness at the first instance court, the order to submit financial transaction information at the office of Seosan Agricultural Co., Ltd. at the first instance court, the purport of the whole pleadings.

2. Determination as to the cause of claim

A. The plaintiff's assertion shall pay 95,178,49 won and damages for delay embezzled by the following methods to the plaintiff while in charge of the plaintiff's accounting affairs.

1) From August 2008 to April 2009, the embezzlement Defendant embezzled KRW 51,659,296 by way of transferring money from each of the instant accounts to the Defendant’s account from time to time from time to time (the Plaintiff embezzled money by the said method through the amendment of the purport of the claim made on April 22, 2014 and the amount embezzled by the account transfer while seeking payment of KRW 67,242,678 as follows: (a) the amount embezzled by the account transfer while seeking payment of KRW 50,179,160; and (b) the amount embezzled money embezzled in relation to N is KRW 11,813,482,3769,90; and (c) the amount embezzled in relation to N is KRW 11,813,482,3769,90.

arrow