logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2014.12.04 2014가합4743
손해배상(기)
Text

1. The Defendant’s annual interest in KRW 495,00,000 to Nonparty C and each of the Plaintiff as well as the Plaintiff from January 31, 2012 to July 9, 2014.

Reasons

1. Where a false tax invoice was issued on July 13, 201 without having supplied goods or services as 68,50,000 goods or services, the No. 1338,50,000 of the No. 1328, Jul. 13, 201; and where the amount was returned from the corporate account under the Plaintiff’s name to the corporate account under the name of the Plaintiff, and then withdrawn the amount and then used it for personal purposes on July 15, 201, 201 for embezzlement.

A. The Defendant, as the representative director of Nonparty D Co., Ltd. (hereinafter “D”), issued a false tax invoice of KRW 450 million in total value of supply price under D in the name of D without any actual transaction from June 1, 201 to June 30, 201, in collusion with Nonparty C, who is represented on the Plaintiff’s registry and actually engaged in accounting affairs, such as keeping and managing the Plaintiff’s funds. From June 1, 201 to January 31, 2012, C transferred an amount equivalent to the said invoice from the Plaintiff’s corporate account to D’s corporate account, and embezzled the said money for personal purposes, such as living expenses, by withdrawing it from the Defendant to the Plaintiff’s corporate account, as follows.

B. On May 22, 2014, the Defendant was sentenced to the community service order for two years of suspended execution and 120 hours of imprisonment with prison labor at this court [2013 high-level 11, 2013 high-level 32 (merged)] as to the above common criminal facts with C.

C. Therefore, the Defendant is liable for compensating the Plaintiff as a tortfeasor together with C pursuant to Article 760 of the Civil Act. As such, as the Plaintiff’s embezzlement amounting to KRW 495 million, the amount equivalent to the Plaintiff’s embezzlement, and as requested by the Plaintiff, the Plaintiff finally embezzled the Plaintiff’s money from January 31, 2012 to July 9, 2014, the delivery date of a copy of the complaint of this case, 5% per annum under the Civil Act, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

arrow