logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.11.29 2012가단59975
횡령금반환
Text

1. The Defendant’s KRW 29,254,590 to Plaintiff A, KRW 19,503,060 to Plaintiff B, and each of them from September 17, 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff A’s wife, who died around September 28, 2010 (hereinafter “the deceased”), the Plaintiff’s minor child of the deceased, and the Defendant’s birth.

B. Around October 2010, the deceased’s death, the Defendant sold rice stored in farming and fishing village on behalf of the plaintiffs, and then received a total of KRW 35,805,720 from the Agricultural Cooperatives over forty eight times from October 20, 201 to October 27, 201, the sum of the above rice purchase price was transferred from the Agricultural Cooperatives to the Agricultural Cooperatives under the name of the Defendant managed by the Defendant. The Defendant used KRW 29,395,720, the remainder of the purchase price, excluding KRW 6.410,00,000,000, which was paid by or paid for the Plaintiffs, for the personal use of the Defendant.

C. The Defendant, from December 2010 to February 201, 201, directly pays the difference to farmers to preserve the money equivalent to a certain percentage of the difference if the local price of subsidies for preserving rice income and rice produced by farmers is lower than the target price set by the Government.

d. The sum of KRW 10,361,930 was transferred to a post office account in the name of the F (the mother of the Defendant) managed by the Defendant, and all of the said money was used for the personal purpose of the Defendant.

On October 21, 2010, the Defendant sold the Track, which was owned by the Deceased on behalf of the Plaintiffs, one Track, one Track, and one Back, which was transferred on behalf of the Plaintiffs, and received a total of KRW 9 million from the purchase price, and used all the said money for personal purposes of the Defendant.

[Ground of recognition] Facts without dispute, entries in Gap 1, 2, 3, and 5 (including each number), and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, it is reasonable to view that the Defendant, as the inherited property of the Plaintiffs, embezzled the above rice purchase price, rice direct payments, and the total of KRW 48,757,650 (=29,395,720 + + KRW 10,361,930 + KRW 9 million) for the Defendant’s personal purpose. Therefore, it is reasonable to deem that the Defendant embezzled the above rice purchase price, rice direct payments, and agricultural machinery purchase price, which was kept on behalf of the Plaintiffs

arrow