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(영문) 서울고등법원 2012.09.26 2011나67585
손해배상(기)
Text

1. The plaintiff's appeal against the defendant B and C and the defendant B's appeal are all dismissed.

2. The Plaintiff added at the trial.

Reasons

1. Basic facts

A. The relevant Plaintiff is a construction company established for the purpose of civil engineering and construction. E works for the head of the Plaintiff’s re-cat team division from February 10, 1998 to February 28, 2009, and for the head of the Plaintiff’s re-cat team division from March 1, 2009 to February 18, 2009, while managing the Plaintiff’s funds.

Defendant B is the wife of Defendant B, and Defendant D is the wife of Defendant B, and Defendant C is the wife of Defendant B.

B. E’s embezzlement or embezzlement in an amount equivalent to KRW 189,876,598,827 (1) for Han Bank Co., Ltd. (hereinafter “ Han Bank”) is working as the director of the Plaintiff’s financial team division, and one Bank (hereinafter “ Han Bank”).

2) On September 2, 2004, from around December 2, 2008 to around December 2, 2008, the Plaintiff embezzled KRW 47,789,63,303, which was owned by one bank and was placed in a single bank as a contract guarantee or a deposit for repair of defects by forging a notice of termination of the pledge in the name of the Construction Mutual Aid Association from September 2, 2004 to December 2, 2008. 2) The defrauded acquired KRW 52,284,770,386 from one bank by forging an application for withdrawal of the available funds account in the name of the Plaintiff from June 26, 2008 to March 17, 2009.

3) The defraudedation of the new bank to the new bank Co., Ltd. is a new bank (hereinafter “new bank”) in the name of the Plaintiff eight times from March 4, 2009 to June 26, 2009.

(C) Defendant B obtained KRW 89,802,195,138 from the new bank by forging and using an application form for withdrawal of a specified money trust account established in the same manner as a forged and exercising such application. C. Defendant B obtained real estate purchase from the new bank. Defendant B around August 31, 2007 and obtained KRW 605 square meters and the second floor of the building (hereinafter “Yyeong-gun Real Estate”).

B purchase of 600 million won and down payment 75 million won on the date of the contract, and September 28, 2007.

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