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(영문) 서울중앙지방법원 2017.05.17 2015가단42047
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Defendant managed the Defendant’s public funds from April 2003 to August 24, 2013, as the president of the Plaintiff, who is a non-corporate company company, was in charge of all financial affairs, such as revenue and expenditure.

The Defendant used a corporate bank account in the name of the Defendant (Account Number C, from the next day to the “corporate public loan account”) and a new bank account (Account Number D, and the next day to the “new public loan account”) for the Plaintiff’s public fund management account.

The defendant directly managed the corporate public gold account, and the new public gold account was entrusted to the general affairs E by the plaintiff.

The defendant transferred some of the plaintiff's public funds (the lease revenue of the building owned by the plaintiff as its owner) deposited into the corporate public funds account to the new public funds account to be managed by E, and some of them were transferred to another account or withdrawn, and used for personal purposes.

The Defendant repaid part of the money used for personal use by transferring the money from one’s own corporate bank, foreign exchange bank, or our bank account (hereinafter referred to as “individual account”) to a new public account or depositing cash into a new public account.

The details of the money transferred or deposited by the Defendant to the new public account as such are as shown in the attached Table.

Among them, the sum of the money transferred from the corporate public gold account to the new public gold account is KRW 536 million, and the sum of the money transferred from the personal gold account to the new public gold account or deposited in cash is raised by the plaintiff as of February 15, 2006, including KRW 1 million on February 20, 2006, KRW 3 million on February 28, 2006, KRW 3 million on February 28, 2006, and KRW 3 million on February 28, 2006, among the details deposited into the new public gold account.

[Attachment 4] A. However, as known from each entry of evidence Nos. 6 and 7, this does not include the details transferred from or deposited in cash from the individual account, but also from the corporate public fund account.

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