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(영문) 서울남부지방법원 2020.01.15 2018가단19051
손해배상(기)
Text

1. Defendant B’s KRW 51,66,645 as well as 5% per annum from September 11, 2018 to January 15, 2020, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a selling company of the exclusive travel goods of the D Company, and Defendant B served as the Plaintiff’s employee from June 8, 2015 to June 2018. The Defendants are marital relations.

B. Defendant B’s occupational embezzlement 1) provided consultation to customers who wish to travel abroad at the Plaintiff’s store located on the 10th floor of the F department store, Young-gu Seoul Metropolitan Government, and provided guidance to deposit their subscription money and balance into the company’s virtual account. Defendant B embezzled the amount equivalent to the above amount by appropriating the total of KRW 13,256,742 for 26 times from March 2018 to June 2018, while receiving subscription money and balance received from customers in cash or transferred them to their own account and then making a transfer to the Plaintiff’s virtual account. Defendant B embezzled the said amount by voluntarily consumed such amount as using them as living expenses.

On March 15, 2019, a public prosecution was instituted due to the crime of occupational embezzlement, etc., and was sentenced to one year of imprisonment on March 15, 2019, and the judgment became final and conclusive as it is.

Seoul Southern District Court 2018 Godan4525, 6732(Consolidated)). (c)

On September 2018, the Plaintiff received the credit guarantee insurance money from G Co., Ltd. (hereinafter referred to as “G”), the insurer of Defendant B (hereinafter referred to as “G”), KRW 73,610,264.

[Ground of recognition] without any dispute, Gap's 1 to 26, Gap's 46, 48, Eul's 1

3. Each description of evidence 4 (including branch numbers, if any) and the purport of the whole pleadings;

2. Determination

A. The fact that the Defendant, as an employee of the Plaintiff, voluntarily consumed and embezzled KRW 133,256,742 in total while keeping the travel price received from the customer, on the ground that the Plaintiff’s claim against Defendant B (hereinafter, “Defendant” in this paragraph) was based on one of the grounds for the determination on the Plaintiff’s claim as to the Defendant B (hereinafter, “Defendant”), is as seen earlier. The Plaintiff is so.

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