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(영문) 수원지방법원 2016.09.22 2016가단17299
부당이득금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 27,703,380 and the interest rate of KRW 15% per annum from March 31, 2016 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 and Eul evidence Nos. 1, from May 1, 2009 to April 28, 2014, the defendant embezzled the plaintiff's property by consuming the total amount of KRW 42,921,259 won in total by the above methods from around September 28, 2009 to April 25, 2014, around July 7, 2011, the defendant was engaged in the business of accounting such as deposit and withdrawal with the customer, payment of wages to employees, etc. In the company bank account in the name of "C" to the Internet banking account in the name of the defendant, and then withdrawn it in cash and used it for living expenses. From around September 28, 2009 to April 25, 2014, the defendant did not receive KRW 390,921,259 won in total from the above methods, and the defendant did not receive the above amount of KRW 1980,300.9.

According to the above facts, the defendant, as requested by the plaintiff, is obligated to pay to the plaintiff 27,703,380 won remaining after deducting the total amount of 5,896,489 won of the above embezzlement amount of 42,921,259 won of the above embezzlement amount of 5,00,000 won of the retirement allowance and the total amount of 8,896,489 won of the unpaid benefits and retirement allowance, and damages for delay calculated at the rate of 15% per annum from March 31, 2016 to the date of full payment.

As to this, the defendant's assertion that he wishes to pay in installments due to the difficulty of living, but since there is no evidence to deem that the plaintiff and the defendant agreed to pay in installments, the above argument by the defendant is rejected.

If so, the plaintiff's claim is reasonable and acceptable.

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