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(영문) 부산고등법원 2017.09.27 2016나2741
손해배상(기)
Text

1. The part against the Defendant in the judgment of the first instance, including any claim added, modified or expanded in the trial.

Reasons

1. Basic facts

A. The relationship between the Plaintiff and the Defendant, etc. ① was the Plaintiff’s representative director, and the Defendant served as the Plaintiff’s managing director from January 4, 2010 to July 31, 2014, and was in charge of business, production, and fund management.

② From January 201 to December 2015, H served as a director of the I Steel Business Department, from January 201 to December 2015, engaging in the work regarding the receipt of facility works and the management and supervision of the subcontractor, the management and supervision of the subcontractor, and the payment of progress payment for the subcontractor.

B. The Defendant’s various embezzlements: (a) around January 201, the Defendant received a demand for money and valuables from H for the purpose of providing various convenience, such as smooth orders for construction works and ensuring appropriate profits, and smooth settlement of construction costs; (b) reported to G; and (c) discussed to deliver money and valuables to H; and (c) the Defendant and G conspired to transfer money from the corporate bank account under the name of the Plaintiff to the Agricultural Cooperative under the name of K, the Defendant’s wife, via the foreign exchange bank account in the name of D used by the Defendant.

On January 11, 2011, the Defendant issued H a total of KRW 119.4 million to H on October 8, 2014, including transfer of KRW 10 million to H by means of account in the name of D and account in the name of D, and transfer of KRW 10 million in the name of D (the timely transfer amount is KRW 20 million) by means of going through the account in the name of D, when making an illegal solicitation to the effect that “the smooth order for construction works and the Plaintiff’s orders and appropriate profits are guaranteed, and the construction cost is paid normally.”

② On November 12, 2012, the Defendant wired KRW 30 million from the corporate bank account under the name of the Plaintiff to the account in the name of vice bank in the name of the Plaintiff, which does not have any goods transaction, to the account in the name of vice bank in the name of vice bank, and then received it through its own name account, etc., and embezzled KRW 80 million in total, including, but not limited to, return of KRW 50 million from March 6, 2013 (in this case, he/she participated in the G crime).

③ The Defendant, on November 12, 2012, shall be the Plaintiff from the foregoing account under the name of the Plaintiff.

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