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Reasons
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(영문) 서울남부지방법원 2019.01.18 2017가합113823
손해배상
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1. The Defendants jointly share KRW 500,000,000 to the Plaintiff, and as from May 2, 2017 to Defendant B, respectively, and as from May 2, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The relevant Plaintiff is a company established on December 14, 2015 for the purpose of medicine wholesale, retail, medical appliances, equipment wholesale, retail, etc.; Defendant C is a person who served as a representative director from the establishment of the Plaintiff to March 31, 2017; Defendant B is an employee in charge of the Plaintiff’s accounting from the establishment of the Plaintiff to August 30, 2017.

B. Defendant B’s embezzlement from January 8, 2016 to May 2, 2017: (a) transferred the sum of KRW 2.180,000,000,000,000 from January 8, 2016 to Defendant B’s account in his/her name; and (b) consumed shares investment, debt repayment, etc.

(hereinafter “the instant embezzlement”). During the process of taking over and taking over the duties of an employee in charge of accounting, the instant embezzlement was committed, and the Plaintiff filed a complaint with Defendant B on September 15, 2017 on the charge of embezzlement.

C. Defendant B, in the course of criminal proceedings against Defendant B, was sentenced to four years of imprisonment on February 8, 2018 (U.S. District Court 2017Gohap715), and appealed therefrom, but was sentenced on July 12, 2018 (Seoul High Court 2018No746) and the judgment of the first instance court became final and conclusive around that time.

Defendant B deposited a total of KRW 650 million in the Plaintiff’s account on February 25, 2016, KRW 300 million, KRW 50 million on November 3, 2016, and KRW 650 million on December 29, 2016, and additionally repaid KRW 160 million.

[Based on recognition] Defendant B: Each entry of evidence Nos. 1, 5, 6, 7, 12, 17, 20 of the Civil Procedure Act (including the number of pages; hereinafter the same shall apply) and the purport of the whole pleadings, as a whole, in the absence of any dispute against Defendant C pursuant to Article 150(3) and (1) of the Civil Procedure Act;

2. The plaintiff's assertion

A. Defendant B’s claim for damages against Defendant B, as an employee in charge of accounting, embezzled KRW 2.180,000,000 owned by the Plaintiff, thereby causing the same damage to the Plaintiff.

Therefore, Defendant B’s damages amounting to KRW 1.37 billion for tort damages to the Plaintiff = KRW 2.180 million - KRW 650 million.

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