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(영문) 부산지방법원 2013.05.24 2012가합15896
체당금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company running a tourist travel business, etc., and the Plaintiff joined the Defendant company on October 5, 2005 and worked as an employee in charge of the travel business on October 201.

B. The Defendant, since 2009, remitted the travel expenses received from the customers who applied for travel to the Plaintiff’s Bank C account (hereinafter “money transfer account”).

The Plaintiff transferred most of the above travel expenses to its own bank D Account (hereinafter “Disbursement Account”).

C. As the Plaintiff used money transferred to an expenditure account in cash, the Defendant filed a complaint with the Plaintiff for occupational embezzlement. However, the Busan District Prosecutors’ Office rendered a disposition on May 31, 2012 that the Defendant was suspected of having failed to provide evidence, and the application for adjudication by Busan High Court Decision 2012 Seocho Jae-723 was dismissed on February 14, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The plaintiff's assertion

A. The Plaintiff transferred 27% of the above travel expenses to the deposit account and transferred the travel expenses that the Defendant transferred to the deposit account to the disbursement account in order to manage the deposit and expenditure, and then re-transfer the expenses to the Defendant with the proceeds fixed.

In addition, after re-transfering the proceeds to the Defendant, the customer's travel expenses were paid with the remaining travel expenses and the Plaintiff's personal money.

From 2009 to 2011, the amount paid by the Plaintiff on behalf of the Defendant Company individually for the performance of his/her duties, except for the remainder travel expenses remaining after re-transfering the proceeds to the Defendant from 2009 to 201, is total of KRW 9,01,00 ( KRW 22,171,700 in 209, KRW 22,171,700 in 201), and thus, the Defendant is obligated to pay the said amount to the Plaintiff as substitute payment for the company expenses.

B. The Defendant unfairly dismissed the Plaintiff on October 5, 201, and the Defendant for ten months from October 5, 201 to June 31, 2012.

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