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(영문) 서울중앙지방법원 2017.08.23 2016가합575565
손해배상(기)
Text

1. The Defendant’s KRW 367,645,553 as well as the Plaintiff’s annual rate of 5% from August 25, 2014 to June 12, 2017.

Reasons

If the purport of the entire argument is added to the evidence Nos. 1 through 3 of the judgment as to the cause of the claim, the defendant is acknowledged to have embezzled the amount exceeding the benefits to be actually paid to the employees during the period from April 25, 2011 to August 25, 2014, after preparing a benefit ledger of the amount exceeding the benefits to be actually paid to the employees of the plaintiff and obtaining approval from the principal bank of the plaintiff, after receiving the amount from the principal bank of the plaintiff's account to transfer it to his account, and using the difference of KRW 373,474,883 at his own discretion.

Therefore, as the Defendant is liable to compensate the Plaintiff for damages due to the tort, the Defendant is obligated to pay the amount of 367,645,553 won remaining after deducting the amount equivalent to the Defendant’s retirement allowances, etc. from the above embezzlement amount as the Plaintiff seeks, and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 25, 2014 to June 12, 2017, which is the delivery date of the copy of the complaint of this case, and at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion,

In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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