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(영문) 수원지방법원안양지원 2016.06.17 2013가합6693
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that while the Defendant, who was an employee of the Plaintiff, committed an illegal act of embezzlement of the Plaintiff Company’s money, as shown in the attached Table, while serving as the site manager, the Plaintiff suffered damages equivalent to the amount of the Plaintiff.

Therefore, the Defendant is obliged to pay the Plaintiff the total amount of damages of KRW 149,911,783 and damages for delay from the date of the occurrence of damages.

On March 31, 2012 to May 3, 2013, the Defendant embezzled KRW 43,142,000, as shown in attached Table 1, by means of preparing a labor ledger as if a person who did not actually work at the construction site of Kimpo apartment works as an on-site employee and receiving false wages from the Plaintiff.

B. From March 2009 to June 2009, the Defendant embezzled KRW 4,770,000, as shown in attached Table 2, by means of preparing a labor ledger as if a person who did not actually work at the construction site of Amsan D apartment, worked as an on-site employee, and receiving false wages from the Plaintiff.

C. On July 2009 to July 201, 2010, the Defendant claimed to the Plaintiff for the excessive amount of site management expenses at the site of redevelopment incidental civil works, and embezzled total KRW 10,875,747 as shown in attached Table 3.

From December 2, 2011 to April 2013, the Defendant embezzled KRW 19,320,738 in total by using the Plaintiff’s corporate card for personal use as shown in attached Table 4, such as using it for personal vehicle oil at the gas station near the house station.

E. On March 2013 to August 2013, 2013, the Defendant embezzled KRW 12,986,010 in total by including 147 items, as shown in attached Table 5, such as transportation expenses, proxy driving expenses, expressway tolls, etc. that cannot be used as site management expenses as site management expenses.

F. From January 2012 to March 2013, 2013, the Defendant included 313 cases as indicated in attached Table 6, such as the cost of maintaining personal vehicles that cannot be used as the site management expenses at Kimpo-si, and combined embezzlement 21,304,382.

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