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(영문) 수원지방법원성남지원 2015.06.19 2014가합203683
손해배상(기)
Text

1. Defendant B’s KRW 165,060,000 and the Plaintiff’s annual rate of KRW 5% from October 29, 2010 to October 30, 2014.

Reasons

1. Basic facts

A. The Plaintiff operates the “E University” (hereinafter referred to as the “instant University”) in Gwangju City as a school juristic person with the purpose of conducting new education for training of senior instructors. Defendant B, who was employed in the instant university on November 1, 2007 and retired on December 7, 2010, and Defendant C served as the president of the instant university from March 2, 2009 to February 28, 2011.

B. On October 29, 2010, Defendant C transferred KRW 184,100,000 from the national bank tuition account under the name of the university of this case (hereinafter “the university of this case”) to his own account (38,500,000) and his wife’s account (14,56,000,000) by using a written request for transfer agency with the seal of the employee of the university of this case, and then deposited KRW 65,90,000 from the university of this case in cash under the name of the university of this case. On the same day, Defendant B transferred KRW 184,100,00 from the university of this case to the bank account under the name of the university of this case (hereinafter “the university of this case”) with the seal of the employee of the university of this case, and used the money deposit (written request for deposit) with the seal of the university of this case, and deposited KRW 25,590,000,00 from the university of this case’s account.

(C) Defendant B’s above act is “the instant embezzlement.”

On November 1, 2010, F confirmed the fact that KRW 250 million was withdrawn from the account under the name of the pertinent university, and asked Defendant B who was absent from work, and asked Defendant B to substitute for the documents related to the attendance. However, Defendant B did not continue to work even after the absence. On November 4, 2010, F sent F e-mail to the effect that “I think of and retire from work as retirement allowance” that “F, who was withdrawn from the account under the name of the pertinent university, thought 250 million, was retired from work,” and on November 5, 2010, F confirmed the above e-mail, sent to Defendant C and the Vice-President and Secretary General of the pertinent university.

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