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(영문) 수원지방법원 2016.06.14 2015가합62985
손해배상(기)
Text

1. As to KRW 47,831,268 and KRW 10,380 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 47,831,268 from June 3, 2014, and KRW 103,90 on June 3, 2014.

Reasons

1. Basic facts

A. The Defendant’s spouse chain D was appointed as the Plaintiff’s intra-company director on May 30, 2012, but died on May 6, 2014.

B. On May 14, 2014, the Defendant, using an authorized certificate under the Plaintiff’s name, transferred KRW 390,000,000 from the deposit account under the Plaintiff’s name to the Defendant’s account.

C. The deceased used the Plaintiff’s corporate card. After the deceased’s death, the Defendant used the said corporate card, and the amount claimed to the Plaintiff is KRW 8,603,450,00, in total, KRW 3,076,120 on May 2014, KRW 2014, KRW 2,010,630 on July 2, 2014, KRW 891,460 on August 2014, KRW 1,539,020 on September 1, 2014, KRW 1,539,020 on September 20, 2014, KRW 1,086,220 on October 20, 2014.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2-1 to 5-5, purport of whole pleadings]

2. Assertion and determination

A. The Defendant, without any authority, transferred KRW 390,00,000 from the Plaintiff’s account in the name of the Defendant on May 14, 2014 to the Defendant’s account. Since this constitutes a tort committed by the use of computer under the Criminal Act, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 390,00,000, and damages for delay incurred therefrom. (2) The Defendant used the Plaintiff’s corporate card for personal purpose, such as cost of living, regardless of the operation of the company, etc., to the Plaintiff. Therefore, the Defendant is obligated to compensate the Plaintiff for damages amounting to KRW 8,603,450, and damages for delay incurred therefrom.

B. On May 6, 2014, the Defendant: (a) was recognized on the part of KRW 390,000,000, which was transferred by account on May 14, 2014; and (b) was on a holiday as tin, and was killed in a acute border among his/her family travel.

B) Articles of incorporation of the Plaintiff Company (hereinafter “instant articles of incorporation”) amended on October 28, 2013 (hereinafter “instant articles of incorporation”).

Article 43 (2) provides that "retirement allowances for retired executives shall be governed by the separate rules on payment of retirement allowances for executives prescribed by the general meeting of shareholders," and that Article 43 (3) of the same Act shall be the death of a retired officer.

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