beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On December 30, 2016, the Defendant’s summary of the Plaintiff’s assertion is the director in charge of the Plaintiff’s accounting, and embezzled KRW 120,000 from the Plaintiff’s account of community credit cooperatives to the Defendant’s agricultural bank account, and returned only KRW 81,00,000 among them, and did not return the remainder KRW 39,000.
(2) The Defendant deposited KRW 39 million in the Plaintiff’s Han Bank account as KRW 5,00,500 on July 12, 2016, ③ KRW 3,000,500 on July 18, 2016, ④ KRW 9,229,500 on August 27, 2016, and ⑤ KRW 9,000,50 on October 7, 2016 to the Defendant’s corporate bank and Nonghyup Bank account, respectively, and embezzled.
(2) The Defendant is obligated to pay to the Plaintiff the sum total of KRW 70,231,50,00, the sum total of KRW 1,231,50,00 embezzled money, in accordance with the above (2) through (5).
2. Therefore, there is no dispute between the parties that the amount claimed by the Plaintiff was transferred from the Plaintiff’s community credit cooperatives account and the Han Bank account to the Defendant’s account on the date as alleged by the Plaintiff.
However, comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 5, the Plaintiff filed a lawsuit against the Defendant for the payment of embezzlement amounting to KRW 748,140,521 as the court 2017Gahap742, and damages for delay thereof (hereinafter “the former suit in this case”). The above embezzlement amount, which the Plaintiff claimed in the former suit in this case, included both the first dispatch amount and the second dispatch amount seeking payment in this case. ② In the previous suit in this case, the above court included the repayment of KRW 161,00,000,000,000,000,000,000 won, which was returned by the Defendant, and in the case of the remaining money including the second dispatch amount, it is difficult to accept the Plaintiff’s claim on the ground that the evidence submitted by the Plaintiff alone embezzled the above amount, such as withdrawing or remitting it without permission.