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(영문) 대전지방법원천안지원 2016.08.11 2015가단18035
손해배상(기)
Text

1. The Defendant’s KRW 193,328,090 for the Plaintiff and KRW 5% per annum from August 20, 2012 to November 18, 2015.

Reasons

1. Basic facts

A. The Plaintiff (former Mutual Co., Ltd.) is a company with the purpose of the comprehensive automobile repair business, the relevant service business, etc., and the Defendant is a person who is in charge of the representative director of the Plaintiff company from December 13, 201 to September 28, 2012 and has been in charge of all affairs, including internal accounting and external business, etc. of the Plaintiff company.

B. The Defendant’s occupational embezzlement 1) committed an occupational embezzlement by using the Defendant’s personal purpose, such as withdrawing or transferring the Plaintiff’s corporate account to the Defendant’s name, and using it for his/her personal debt repayment and living expenses at that time, while he/she kept a total of KRW 66,80,00,000, which is the Plaintiff’s ownership, for eight times from February 20, 2012 to June 21, 2012.

B) Although one’s female D and wife did not have worked for the Plaintiff Company, the Defendant entered them in the computerized employee benefit ledger as if it were an employee working for the Plaintiff Company, and transferred KRW 3,030,670, which was owned by the Plaintiff Company as the representative director around July 20, 2012 to the above D’s corporate bank account, and transferred KRW 2,241,570 to the above E’s corporate bank account by the same method, and then arbitrarily deposited KRW 10,544,480 over four times from August 17, 2012, and embezzled it for personal use thereafter. 2) From February 2013 to February 2013, the Defendant paid KRW 600,000 to the Plaintiff Company’s representative director by 300,000,000,0000 from February 20, 2013, without a resolution of the general meeting of shareholders from February 200 to February 21, 2013.

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