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(영문) 서울중앙지방법원 2015.06.10 2014가합530292
기타(금전)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 32,663,788 to the Plaintiff (Counterclaim Defendant) and its related amount from January 1, 2014 to June 10, 2015.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is a non-corporate body established for the purpose of contributing to the improvement of national health by presenting the new aviation cancer development and guidelines for cancer treatment through joint research on cancer. The Defendant was employed by the Plaintiff on August 24, 2009 and has performed duties, such as managing the Plaintiff’s account while working as an employee in charge of accounting and preparing accounting books.

B. On March 26, 2004, the Plaintiff held a disciplinary committee against the Defendant and used the personal account in combination with the accounts of 1.

2.Processing of spending without documentary evidence;

3. A decision was made to dismiss the Defendant on the same day on the grounds of “the inappropriate handling of duties as a person in charge of accounting.”

hereinafter referred to as "the dismissal of this case"

(ii) [The facts without dispute over the basis of recognition, Gap evidence No. 12, Eul evidence No. 4-1, Eul evidence No. 5, the purport of the whole pleadings.

2. Determination on the principal lawsuit and the counterclaim as to the settlement amount

A. The plaintiff asserts that the defendant is liable to pay the above amount and damages for delay since the amount transferred from January 1, 2013 to the defendant's account or withdrawn in cash from the plaintiff's account from December 31, 2013 to December 31, 2013 exceeds 10,49,000 won that the defendant paid for the plaintiff. On the other hand, the defendant asserts that the amount paid for the plaintiff during the above period exceeds 47,70,752 won, and that the defendant is liable to pay the above amount and damages for delay.

B. According to the result of the Defendant’s response to the order to submit each financial transaction information to the National Bank Co., Ltd. (hereinafter “Co., Ltd.” in this court’s trade name) as to the amount transferred or withdrawn from the Plaintiff’s account, the Defendant’s payment of KRW 2, 3, and 6, and 7 below the Plaintiff’s national bank account from January 1, 2013 to December 31, 2013.

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