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(영문) 전주지방법원군산지원 2019.01.17 2014가합10603
손해배상(기)
Text

1. Defendant B’s KRW 146,621,902 as well as 5% per annum from December 19, 2018 to January 17, 2019.

Reasons

1. Facts of recognition;

A. The status of the party is 1) the Plaintiff (mutual name was changed to O, P, and present in sequence.

(2) Defendant B served from January 2001 to March 31, 201 as the Plaintiff’s accounting and was in charge of fund management, such as revenue and expenditure.

3) The remaining Defendants except Defendant B (hereinafter collectively referred to as “Defendant C, etc.”) are referred to.

as follows, Defendant B’s family member, relative, or father-child relationship:

A member of the 2C husband 8 I 8 I 3D, 3D, 4 E. 4 E. 10 K Contribution Group in the relation between Defendant B and Defendant B, who is a member of the 5F 11 L-friendly relationship between Defendant B and Defendant B 6 G 12 Murter 7 H Contribution Group in the 10 K Contribution Group in the 10 South 4 E. 4 E. 10 K.

B. Defendant B’s embezzlement 1) managed the Plaintiff’s funds using 10 accounts in the Plaintiff’s name. From May 13, 2008 to March 31, 201, Defendant B transferred the total amount of KRW 226,621,902 from the said account to the Defendant’s account in the name of the Defendants, or withdrawn and arbitrarily used the said money in cash. (2) Defendant B was sentenced to imprisonment with labor for embezzlement of KRW 226,621,902 as seen above by the Jeonju District Court 2016No719 (hereinafter “instant criminal judgment”), and the relevant prosecutor and the Defendant appealed each of them and continued in the appellate trial with the Jeonju District Court 2018No1575 (hereinafter “former District Court”).

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Plaintiff B’s assertion 1) The sum of KRW 519,60,836 from the Plaintiff’s account in the name of the Plaintiff, including the amount recognized in the instant criminal judgment (i.e., 226,621,902, excluded from the indictment of KRW 292,978,934, which was recognized in the instant criminal judgment, was transferred to the Defendants’ name or withdrawn in cash and arbitrarily used.

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