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(영문) 의정부지방법원 2017.03.30 2016가단121895
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that: (a) from around January 2001 to December 31, 2009, the Plaintiff was a business operator operating textile processing business with the trade name “C”; (b) the Defendant was an employee in charge of C’s accounting affairs from around December 2004 to December 31, 2009; (c) the Defendant received the payment to be received by the Plaintiff from the business operator in the name of the Defendant from January 31, 2008 to February 4, 201 in cash from January 31, 2008 to the Defendant’s name; and (d) embezzled part of the payment to the Plaintiff’s account or embezzled KRW 122,818,904 in total by arbitrarily using it. Therefore, the Defendant is obligated to compensate the Plaintiff for damages equivalent to the amount of embezzlement.

In light of the following circumstances, the evidence submitted by the plaintiff in the lawsuit in this case is nothing more than unilaterally arranging the original, the defendant's bank transaction details, and the details suspected as embezzlement, and the materials raised in the criminal complaint and the fact that it seems that the evidence submitted by the plaintiff in the lawsuit in this case were compared to the materials raised in the criminal complaint. In light of the following circumstances, it is insufficient to acknowledge it only by the statement in the evidence Nos. 1 and 5 (including the number where there are various numbers), and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

2. If so, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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