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(영문) 서울중앙지방법원 2015.11.13 2015가단5071866
손해배상
Text

1. The Defendants jointly do so.

A. On February 28, 2012, the Plaintiff Company 43,499,000 won and its related thereto.

Reasons

1. Facts of recognition;

A. Defendant A serving as an employee of the Plaintiff High Industrial Development Co., Ltd. (hereinafter “Plaintiff A”) and was in charge of the remaining Plaintiffs’ general affairs accounting.

Defendant B served as an employee in charge of the accounting of the Plaintiff’s high-tech industry development and was in charge of the remaining Plaintiffs’ accounting affairs.

B. On February 28, 2012, Defendant A: (a) had Defendant B transfer KRW 190 million from the Plaintiff’s Abest account, which was managed by Defendant B, to the account in the name of Defendant C; and (b) embezzled for personal purposes, such as stock investment, etc.; (c) Defendant B should not transfer from the said account under his control to another account for purposes unrelated to the company’s business; and (d) aided and abetted Defendant A’s embezzlement by transfer.

3) The amount of unrefied damage is KRW 43,49,000. (c) The Defendants in breach of trust related to Plaintiff Large Partners conspired to pay KRW 800,000,000 to the Defendants, who were unrelated to the company’s business by using the corporate card of Plaintiff Large Partners, which was managed on February 9, 2012. D. The Defendants in breach of trust related to Plaintiff Large Partners Development, paid KRW 5,534,000,00 in total, including the use of clothes irrelevant to the company’s business with the corporate card of Plaintiff High Building Industry Development, which was kept in business from February 27, 2012 to March 19, 2012. [No dispute is raised against Defendant A: the purport of each entry in the evidence and the entire pleadings, each of subparagraphs 1 and 2, and confession: Defendant B.

2. Determination:

A. According to the above facts, the defendants are liable for damages suffered by the plaintiffs by the above tort.

B. Therefore, the Defendants jointly commit the embezzlement amounting to KRW 43,49,000, which was collected by Plaintiff A, the cause of the Plaintiff, and the embezzlement amounting to KRW 43,49,00,00 from February 28, 2012, which was the date of embezzlement, and the amounting to KRW 800,000, which was the date of breach of trust, and the copies of each complaint of this case from February 9, 2012, which was the date of breach of trust.

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