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(영문) 서울남부지방법원 2016.04.21 2015가단221686
손해배상(기)
Text

1. The plaintiff

A. As regards the Defendant A’s KRW 17,500,000 and KRW 6,000 among them, Defendant A shall have from May 1, 2015 to KRW 4,000 among them.

Reasons

1. Basic facts

A. Defendant A was employed as an employee of the Plaintiff who is engaged in the automobile sales business and was retired on May 2, 2015.

On the other hand, Defendant A’s wife at the time, Defendant C’s punishment is imposed by Defendant A.

B. Defendant A: (a) purchased a used vehicle from the Plaintiff, and received the payment from the Plaintiff, and deposited it into the seller’s bank account; (b) embezzled part of the purchase money deposited from the Plaintiff to the seller by means of remitting it to the seller and consuming part of it for his own personal use; and (c) the details of the embezzlement are as follows.

Of the date and amount remitted by Defendant A from the Plaintiff on the date of receipt and amount of the transfer from the Plaintiff, the amount embezzled by Defendant A by consuming for personal use among the amount recorded on the left-hand side of the vehicle purchased from the Plaintiff, KRW 5,000,000 (on April 10, 2014, KRW 5,000,000 (on deposit with Defendant B’s account), KRW 10,000,000 on April 17, 2014 (on deposit with Defendant B’s account), KRW 1,00,000,000 in KRW 3 Cost 14,00,000 on July 2, 2014 (on deposit with Defendant B’s account) 4,00,000,000 won (on deposit with Defendant B’s account) 4,000,000 won on April 10, 200 GHGG’s account, KRW 10,000,708.

C. Around November 14, 2013, around the time when Defendant A entered the Plaintiff, Defendant B and the Plaintiff prepared a financial guarantee statement (Evidence A 1-1) stating the content of the contract on the guarantee of personal identity (where Defendant A is working as an employee of the Plaintiff and has caused property damage to the Plaintiff by intention or negligence, he/she shall be jointly liable for damages). There is a certificate of personal seal impression issued by Defendant B as of November 14, 2013 and a certificate of taxation by each item of the Defendant B, issued as of November 14, 2013, respectively.

Around December 8, 2014, Defendant C and the Plaintiff stated the terms of the agreement on the guarantee of good faith that “where Defendant A serves as an employee of the Plaintiff and causes property damage to the Plaintiff by intention or negligence, he/she shall be jointly liable for damages.”

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