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(영문) 창원지방법원 2015.06.17 2014나9513
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion that the defendant used the plaintiff's business-use vehicle for private purposes at the time when the plaintiff company works, and settled the oil expenses by using the plaintiff's corporate card, and that caused damage equivalent to 10,510,000 won in total to the plaintiff, such as using the corporate card in excess of 5,000 won, which is the limit of the one-time meal expenses set by the plaintiff, or settling the meal expenses after retirement with the corporate card (2,821,50 won in excess of the limit of the amount of meal expenses of 6,473,130 won in the vehicle, 1,000 won in the corporate card, 110,000 won in the corporate card and 105,370 won in the resident tax after retirement of the amount of 2,821,50

2. Determination:

A. Each statement of Gap evidence Nos. 3, 4, 6, 10, 11, and 12 regarding oil expenses and depreciation costs is insufficient to acknowledge that the defendant used the plaintiff's vehicle for business regardless of the plaintiff's work or beyond a reasonable scope, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's assertion on this premise is without merit.

B. As to meal expenses, the Plaintiff limited the one-time limit of meal expenses to KRW 5,000, which can be settled by using a corporate card.

There is no evidence to prove that the defendant used the corporate card after retirement (as stated in the evidence No. 7 of the plaintiff's employee B, it is recognized that the plaintiff's employee B used the corporate card in the presence of the defendant after retirement). This part of the plaintiff's assertion is without merit.

C. As to taxes, the Plaintiff withheld and paid the Defendant’s Party A's Party A's tax and resident tax.

Therefore, the plaintiff's assertion on this part is without merit, since it is difficult to view that the damage occurred to the plaintiff.

3. The plaintiff's claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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