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(영문) 서울중앙지방법원 2018.08.24 2017가합529248
손해배상(기)
Text

1. Defendant B shall list the same list with respect to each money recorded in the “amount of damage” column of KRW 4,008,316,739 and the “amount of damage” column of the attached Table 1 to the Plaintiff.

Reasons

1. Basic facts

A. The relevant Plaintiff is a corporation with the objective of manufacturing and selling plastic products, manufacturing and selling machinery.

Defendant B is a person who was in charge of fund management as the Plaintiff’s managing director, and Defendant C is a former office of Defendant B, Defendant D is a mother of Defendant C, and Defendant E is a person who associates with Defendant B.

B. Defendant B’s embezzlement 1) After the excessive repayment of debt, Defendant B loaned a total of KRW 2,070,150,000 to the Plaintiff under the name of Defendant B and his family members, as shown in the separate sheet No. 2, from June 7, 2007 to April 30, 2015, as indicated in the separate sheet No. 2, and there was a claim equivalent to the same amount. Defendant B, while performing the Plaintiff’s financial management duties, intended to use the difference between the actual amount of the debt and the remittance for personal use by remitting money exceeding the actual amount of the claim in mind, while performing the Plaintiff’s financial management duties. Defendant B, as described in the separate sheet No. 3, from August 22, 2007 to September 1, 2015, transferred from the Plaintiff’s account to the account under the name of Defendant B and his family members, to the total of KRW 194,25,280,000, and then purchased the money for personal use (hereinafter “the instant payment”).

(2) After the issuance of an excessive bill, Defendant B issued a bill of exchange in order to settle the Plaintiff’s transaction price of goods to the Plaintiff’s customer, and issued a bill of exchange in the name of the Defendant B and his family members to receive the difference from the account in the name of the Defendant B and his family members to consume it for personal purposes. From January 28, 201 to October 19, 2015, Defendant B received a total of KRW 2,76,72,316 on a total of 873 occasions as shown in the attached Table 4 from January 28, 2011 and consumed it for personal purposes.

(hereinafter “ excessive issuance of the Promissory Notes”). C.

Defendant B’s criminal judgment against the Defendant B is an excessive repayment and objection to the instant obligation.

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