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(영문) 서울중앙지방법원 2010.08.12 2008가단454628
공금횡령
Text

1. All of the plaintiff's claims are dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff is a stock company that runs the business of construction of reinforced concrete, etc., and the defendant was employed by the plaintiff on or around September 1, 199, and was in charge of accounting and accounting affairs as a member of the plaintiff on or around October 2006 after his withdrawal from office around March 2006, while taking charge of accounting affairs as a member of the plaintiff on or around September 2007, the fact of withdrawal from office does not conflict between the parties, or can be acknowledged in full view of the purport of the whole arguments as stated in the evidence No. 6-1 through No. 7.

2. The plaintiff's assertion

A. The primary assertion (a claim for damages due to tort) (a) the Defendant committed a tort of embezzlement of KRW 4,814,621 in total by withdrawing additional money in addition to the Plaintiff’s payment while serving as an employee in charge of accounting, and KRW 4,573,621 in total by not deducting the amount to be deducted from withholding, ③ KRW 4,573,076 in total by transferring the amount from the Plaintiff’s deposit account after withdrawal from the Plaintiff’s deposit account; ④ KRW 12,450,00 in total by transferring the amount from the Plaintiff’s personal account to the Defendant’s deposit account; ⑤ KRW 13,256,738 in total by transferring the amount from the Plaintiff’s deposit account to the Defendant’s deposit account.

Therefore, the defendant is liable to pay the plaintiff the amount stated in the purport of the claim as compensation for damages arising from the above tort.

B. Preliminary assertion (Claim for Return of Unjust Enrichment) If the Plaintiff paid KRW 7,582,193 to the Defendant as retirement allowance, but the payment of the above money is not effective as retirement allowance interim settlement, the Defendant gains profits equivalent to the above interim settlement amount of retirement allowance without any legal cause, and the Plaintiff suffered damages equivalent to the same amount, and thus, the Defendant should return the amount equivalent to the above interim settlement amount to the Plaintiff as unjust enrichment.

Therefore, the defendant is obligated to pay the plaintiff the amount stated in the claim for unjust enrichment.

3. Determination

A. Regarding the primary argument.

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