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(영문) 서울중앙지방법원 2015.03.26 2013가합80981
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts between the Parties do not conflict:

C From September 24, 2010 to January 24, 2013, the Plaintiff Company (hereinafter “Plaintiff”) served in the Plaintiff Company (hereinafter “Plaintiff”), “Plaintiff, or “Plaintiff Company”).

B. C died on August 18, 2013, and the Defendants succeeded to C’s rights and obligations as their children.

2. Determination on the cause of the claim

A. While serving in the Plaintiff Company from September 27, 2010 to January 25, 2013, C transferred funds from the Plaintiff Company’s financial account to its own financial account without permission over 62 occasions, and embezzled total of KRW 140,073,602 by means of false entry as if expenses incurred in the Plaintiff Company’s business were spent.

C Since the above embezzlement amount was unjust enrichment, the defendants who inherited C's obligation are obligated to return the above embezzlement amount to the plaintiff.

B. Determination 1) The following facts may be acknowledged in full view of the overall purport of the arguments in the statements in Gap evidence Nos. 1 and 2 (including additional numbers). ① From September 27, 2010 to January 25, 2013, the following facts may be acknowledged throughout 62 times: (i) the Plaintiff Company’s new bank account (D, E), the Korean Bank account (F), the Corporate Bank account (G), the National Bank Account (H), the National Bank Account (I), and the New Bank Account (J). ② The details of each transfer are not only C but also the Plaintiff’s business entity or individual related to the Plaintiff’s business, including K, etc.; (ii) However, considering the overall purport of the arguments in the evidence Nos. 1 to 4, the following facts may be acknowledged:

① The Plaintiff Company was in charge of L business in the Plaintiff Company, and the Plaintiff Company’s financial situation was difficult to lend money to the Plaintiff Company’s name or the name of the Plaintiff Company for its operation, and later, paid the money borrowed from the Plaintiff Company’s funds.

C is to manage the funds of the Plaintiff Company.

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