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(영문) 춘천지방법원원주지원 2016.01.14 2015가단33365
손해배상(기)
Text

1. Defendant C’s KRW 152,046,950 to Plaintiff A Co., Ltd. and 5% per annum from June 1, 2014 to June 20, 2015.

Reasons

1. Basic facts

A. From April 201 to March 3, 2014, Defendant C working for the Plaintiff Company A (hereinafter “Plaintiff A”) established for the purpose of wholesale, retail, consignment, brokerage, etc. of lubrication in the original city E from around April 2011 to March 3, 2014, and was engaged in the overall management of the company and the fund management business, and around May 2012, Defendant C also engaged in the overall management of the company and its operation and the fund management business in the Plaintiff Company B (hereinafter “Plaintiff B”).

B. Defendant D, from May 1, 201 to May 31, 2014, was engaged in business of customer management, transaction amount, accounting management, etc. while working in Plaintiff A and Plaintiff B from May 1, 2011.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 7, and 8, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. Defendant C’s use of the Plaintiff’s corporate card under the Plaintiff’s name (A) around April 201, Defendant C was issued a credit card under the Plaintiff’s name to the effect that around April 201, Defendant C used the purchase cost of office supplies, meal expenses related to contact with the transaction company, and other outing equipment, etc.

However, on April 3, 2011, Defendant C paid 140,000 won to the H hotel located in G in the original city with personal accommodation without relation to the work of Plaintiff A, using the said corporation card.

In addition, from January 5, 2014 to January 5, 2014, Defendant C paid KRW 12,502,950 by using the corporate card under the name of the Plaintiff A for personal purposes unrelated to the Plaintiff’s work, as shown in attached Table 1, and thereby, caused property damage equivalent to the same amount to Plaintiff A.

B. Defendant C’s embezzlement of Plaintiff C’s funds around April 201, granted the right to use the Plaintiff’s I Account at the Plaintiff’s office, and from F, the representative director of Plaintiff A’s company, the Plaintiff’s I Account.

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