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(영문) 서울중앙지방법원 2016.07.01 2015가합531605
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

The plaintiffs' assertion of the major points of the parties is that the defendant has been entrusted with the management of the F passbook in the hospital operated by the network F (hereinafter referred to as the "F") as assistant nurse, secretary, etc., while working for the hospital operated by the network F (hereinafter referred to as "F").

From January 15, 2008 to December 15, 2014, the Defendant embezzled the sum of KRW 1,532,164,037 (the sum embezzled from the F Agricultural Cooperative Account at KRW 1,094,238,150) embezzled from the Busan Bank Account at KRW 163,450,04,040, embezzled from the Busan Bank Account at KRW 221,729,729,729,729,729,747 (the sum embezzled from the F Agricultural Bank Account at KRW 52,746,040, the sum embezzled from the amount embezzled from the F Bank Account at KRW 163,450,118) in a private way.

As above, the circumstances presented by the Plaintiffs based on the Defendant’s embezzlement include ① (i) the Defendant withdrawn money from the F’s account in cash and check, but did not reasonably explain the user’s use; (ii) the F merely left the Defendant in charge of the management of the passbook; (iii) the F only stated that there was no agreement to directly transfer money from his account to the Defendant’s account or withdraw and use cash; and (iv) the F directly received F’s payment (payment by November 201, 201, and December 201, 201) after he was hospitalized into the hospital.

Therefore, the defendant should pay the above KRW 1,532,164,037, which was embezzled to F, as compensation for damages. Since the plaintiffs inherited F, part of the above compensation is claimed.

The defendant's assertion is that it is paid at the place of use or payment by F in accordance with F's direction, and there is no money used individually.

The reasons for the transfer of F's benefits is F's account is the Internet (phone) bank.

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