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Reasons
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(영문) 서울서부지방법원 2016.03.23 2015가합36297
손해배상(기)
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1. Within the scope of the property inherited from the deceased E (FF, Death on August 9, 2015), Defendant B shall be within the scope of the property, and Defendant B shall be 124,158.

Reasons

1. Facts of recognition;

A. While serving as an employee in charge of the Plaintiff’s accounting, E embezzled KRW 289,704,292 in total on six occasions, as shown below, from the Plaintiff’s account to its own account.

[Attachment 1] The amount No. 40,000,00 won on July 17, 2010 (2) KRW 54,351,651 on November 29, 2011 (3) KRW 58,362,865 on November 30, 201 (4) KRW 43,927,542 on November 43, 2013 (5) KRW 58,549,296 won on November 58, 2014 (6) 60 won on June 34, 2015 (289,704,704,938 won)

B. In addition, E voluntarily withdraws a total of KRW 96,00,000 from the Plaintiff’s account in cash or by transferring it to its own account on nine occasions as set out in [Attachment 2] below, and thereafter, deposited the equivalent amount into the Plaintiff’s account in the name of the Plaintiff.

[Attachment 2] Deposit of the amount on the date of No. 1: (a) KRW 4,00,000 on December 1, 2011; (b) KRW 20,000 on December 4, 2011; (c) KRW 3,000 on October 22, 2012; (b) KRW 10,000,000 on October 22, 201; (c) KRW 10,000,000 on November 30, 2012; and (d) KRW 10,00,000 on KRW 10,00,00 on December 30, 2012; and (c) only KRW 0,000 on the account books, which was entered in the Plaintiff’s account books; and (d) only KRW 30,000 on KRW 10,00 on December 10, 2013; and (d) the Plaintiff’s account opened in cash account books.

⑤ 2013. 04. 24. 20,000,000 원_ ㉲ 10,000,000 원_ ⑥ 2013. 04. 30. 20,000,000 원_ ㉳ 3,000,000 원 ㉴ 15,000,000 원_ ⑦ 2013. 06. 26. 20,000,000 원_ ㉵ 10,000,000 원_ ㉶ 2013. 07. 25. 10,000,000 원_ ㉷ 2013. 07. 26. 5,000,000 원 ㉸ 2013. 07. 29. 10,000,000 원_ ⑧ 2013. 10. 29. 2,000,000 원 ⑨ 2013. 11. 26. 4,000,000 원 ㉹ 2013. 12. 30. 4,000,000 원 합계 96,000,000 원_ 96,000,000 원_

C. Upon the commencement of the investigation into the charge of embezzlement, E committed suicide on August 9, 2015, and his heir was Defendant B, Defendant C, and D.

[Ground of recognition] The fact that there is no dispute, Gap 3 through 15, and the result of each of the financial transaction information meetings between the enterprise bank and the national bank, the purport of the whole pleadings

2. The obligation to pay money.

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