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(영문) 서울중앙지방법원 2017.04.26 2014가합1923
손해배상(기)
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against all the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) The Plaintiff is a corporation whose purpose is the automobile passenger transport business, and the Plaintiff C and D are the representative director of the Plaintiff A. 2) The Defendant C and D are married couple, the Defendant C is the Plaintiff’s accounting director from August 25, 1986 to December 24, 2012, and the Defendant D served as the Plaintiff’s regular director from June 1, 2001 to December 31, 2012.

Defendant E, F, and G are children of Defendant C, and Defendant H was an employee of Plaintiff A.

B. As indicated in the details of remittance of the instant I Account from December 26, 2003 to November 5, 2012 from Plaintiff B’s national bank account (hereinafter “the instant I Account”), the amount of KRW 1,295,931,145 was transferred from December 26, 200 to the Defendants’ respective accounts; the Plaintiff B’s National BankJ (hereinafter “the instant J Accounts”) as indicated in the details of remittance of the instant J Accounts from June 30, 201 to October 18, 2012, the amount of KRW 306,031,50 was transferred from the Defendants’ respective accounts from June 30, 207 to October 18, 2012 to the Defendants’ respective accounts; Defendant C deposited KRW 45,000,000 from July 14, 201 to Defendant C’s own K Bank’s account to KRW 305,000,71,710.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5 and 9, and the purport of the whole pleadings

2. The plaintiffs' assertion

A. Defendant C and D embezzled Co., Ltd. entrusted the management of the Plaintiff’s property at the Plaintiff, and embezzled total of KRW 1,295,931,145 from December 31, 2003 to December 31, 2012 by remitting money from the instant I Account under the name of the Plaintiff B, which the Plaintiff used as the company transaction passbook, to the Defendants or the siblings’s passbook.

Therefore, the plaintiff A, the defendant C, and D are the above 1,295,931.

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