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(영문) 의정부지방법원 2019.01.18 2017가합55800
손해배상(기)
Text

1. Defendant B’s KRW 34,180,750 as well as 5% per annum from August 5, 2016 to January 18, 2019.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established for the purpose of indoor decoration business, steel frame production and construction business, etc. (2) Defendant B from March 2009 to March 31, 2014, in charge of accounting affairs such as account management at the Plaintiff Company.

3) Defendant C was the steering car of the Plaintiff’s representative director D, and was on duty as the head of the Plaintiff’s site management division from January 2009 to January 2012, 200. (b) Defendant C filed a complaint against the Defendants for the crime of occupational embezzlement on the grounds that the Defendants embezzled the Plaintiff’s funds. Defendant C was indicted on the ground that the Defendants embezzled the Plaintiff’s funds, and Defendant B embezzled KRW 47,180,750 as shown in the attached Table 1, and was indicted on the ground that the Defendants embezzled the Plaintiff’s funds, and Defendant B embezzled KRW 47,180,750 as indicated in the attached Table 1, and was sentenced to a suspended sentence of two years on January 22, 2016 in the judgment of the Government District Court No. 2016No370, Jun. 23, 2016, which was the appellate court, and the judgment became final and conclusive including evidence No. 371, evidence No.17, and evidence No. 97

2. Summary of the plaintiff's assertion

A. Defendant B embezzled 47,180,750 won of the Plaintiff’s funds over 56 times as shown in attached Table 1, as shown in attached Table 1, and embezzled 28,020,000 won of the Plaintiff’s funds over 12 times as shown in attached Table 2, and embezzled 391,329,800 won of the Plaintiff’s funds over 41 times as shown in attached Table 3.

B. Defendant C actively participated in or aided and abetted Defendant B’s embezzlement by providing Defendant C with his own E bank account (F) and consuming money embezzled by using a credit card or e-mail card connected to the account.

C. Therefore, the Defendants are jointly and severally liable for damages arising from joint tort by the Defendants, and the Plaintiff is jointly and severally liable for damages.

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