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Reasons
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(영문) 수원지방법원안산지원 2019.04.10 2017가단55506
부당이득금
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1. Defendant B’s KRW 26,552,578 as well as 5% per annum from May 23, 2017 to April 10, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity engaged in the business of selling ice ice ice d in Sinsi-si.

On June 15, 2009, Defendant B entered the Plaintiff as a business employee and was in charge of managing business partners and collecting money, and retired on December 17, 2016.

B. From May 7, 2013 to December 13, 2016, Defendant B embezzled total of KRW 62,802,627 by means of receiving money from the Plaintiff’s customer from around May 7, 2013 and not depositing the money to the Plaintiff (hereinafter “the instant money”), and the amount embezzled after April 13, 2016 is the sum of KRW 29,386,764 as indicated in the attached Table.

C. Until June 2015, Defendant B repaid KRW 6,434,504 out of the instant embezzlement, and repaid KRW 14 million in the way of deducting a certain amount monthly amount from the salary from June 5, 2015 to October 5, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 5, Gap evidence 6-1 to 3, Eul evidence 1 and 2, and the purport of whole pleadings

2. According to the above facts of recognition as to the claim against Defendant B, barring any special circumstance, Defendant B is obligated to pay the remainder of 42,368,123 won (i.e., the amount of embezzlement of this case 62,802,627 won - the amount of 6,434,504 won - the amount of 6,434,504 won, which was deducted from the amount of benefits from June 5, 2015 to October 5, 2016) and damages for delay.

Defendant B shall set off the wage and retirement allowance claims equivalent to the total amount of KRW 15,815,545, which was not paid by the Plaintiff, on an equal basis, the claim for the damages incurred after April 13, 2016.

Comprehensively taking account of the purport of the evidence No. 8, Defendant B’s failure to receive the total of KRW 15,815,545 for the three months immediately preceding the retirement from the Plaintiff, and that occurred after April 13, 2016 out of the embezzlement of this case.

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