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Reasons
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(영문) 서울서부지방법원 2014.09.25 2013가합9239
손해배상(기)
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1. The Defendant’s KRW 70,944,874 as well as the Plaintiff’s annual rate from August 28, 2013 to September 25, 2014.

Reasons

1. Facts of recognition;

A. A. The Plaintiff’s actual operator C and in-house directors D are married with the Plaintiff, and the Defendant is female students of C, who have been in charge of the Plaintiff’s accounting affairs from October 2007 to July 201.

On the other hand, C is a person who operated E, F, and G.

B. From January 2007 to July 201, the Defendant transferred KRW 760,422,245 (including KRW 69,549,221) in total to the account in the name of the Defendant at one bank, enterprise bank, agricultural cooperative, Korea Bank, and Korean National Bank from January 2007 to July 201, the Defendant deposited KRW 31,438,746 by using the Plaintiff’s corporate card.

Meanwhile, the Defendant deposited the Plaintiff’s total amount of KRW 42,250,000 from January 2007 to July 201.

【Ground of recognition】 The facts without dispute, Gap’s evidence 7 through 10, 13, 15, Eul’s evidence 13 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that the Plaintiff had arbitrarily used the money transferred from the Plaintiff’s corporate card and the Plaintiff’s account to the Defendant’s account or withdrawn in cash.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 616,473,643 [1,675, which is KRW 774,611,675, which is transferred from the Plaintiff’s account to the Defendant’s account + KRW 56,046,520, which is withdrawn in cash from the Plaintiff’s account + KRW 31,438,746, which is received by the Defendant in excess of the Defendant’s deposit to the Plaintiff’s account + KRW 4,910,00, which is received by the Defendant in excess of the Defendant’s deposit to the Plaintiff’s account) - KRW 69,549,221, which the Defendant received under the name of the Plaintiff’s payment - KRW 180,984,07, which is the person who

B. Money transferred from the Plaintiff’s assertion to the Defendant’s account or withdrawn in cash from the Defendant’s account, and money paid for the Plaintiff by using the card under the name of the Defendant’s individual.

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