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(영문) 울산지방법원 2019.12.05 2018가합27474
부당이득금
Text

1. Defendant E shall be either 108,084,900 won for the Plaintiff Company A, and 78,102,800 won for the Plaintiff Company B, and the Plaintiff Company.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “Plaintiff A”) is a company that engages in earth construction business, the Plaintiff Company B (hereinafter “Plaintiff B”) is a company that engages in construction and housing construction business, and the Plaintiff Company C (hereinafter “Plaintiff C”) is a company that engages in water supply and drainage and reinforced concrete construction business, and Plaintiff D is the representative director of Plaintiff B and C.

Defendant E worked as the employee of Plaintiff B from April 17, 2018 to September 2018, and managed the passbooks in the name of the Plaintiffs, and was in charge of accounting affairs such as entry and exit of the said passbooks.

B. However, during the period from April 18, 2018 to September 17, 2018, Defendant E transferred KRW 88,102,80 from the Plaintiff’s account under the name of the Plaintiffs to the Defendant E’s account for up to 20 occasions. ② From April 23, 2018 to September 21, 2018, Defendant E transferred KRW 118,084,90 in total from the Plaintiff’s account under the name of the Plaintiff E to the Defendant E’s account for 42 occasions; ③ from the Plaintiff’s account under the name of the Plaintiff C to the Defendant F Co., Ltd.’s account, Defendant F Co., Ltd. (hereinafter “Defendant F”), the sum of KRW 22,00,00 in total, KRW 13,02,80 in the name of the Plaintiff E, 1305,971, 409, 209, 2018.

C. On March 13, 2019, Defendant E deposited KRW 10,000,000, and KRW 10,000,000 to Plaintiff A as repayment for the amount embezzled from the above Plaintiffs on which the criminal case was prosecuted for the crime of occupational embezzlement (2018Da3620) due to the above embezzlement was in progress. The above Plaintiffs reserved objection and received the said deposit, respectively.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the claim against Defendant E, Defendant E.

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