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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The plaintiff's assertion
A. The Plaintiff acquired all assets, bonds, and debts from D Co., Ltd. (hereinafter “D”) that the representative C substantially operated, and the Defendant served as an employee in D.
B. The Defendant, while working in D from April 2009 to June 2010, embezzled or unjustly unjust enrichmentd D money by withdrawing money under his/her own wage, preparing a false statement of transactions, and depositing money into E Co., Ltd.
C. Therefore, the Defendant’s assertion is mixed with the Plaintiff’s claim for damages arising from embezzlement and the claim for return of unjust enrichment from the first instance to the first instance trial.
as part of this, 30,380,000 won and damages for delay shall be paid.
2. Determination
A. The fact that the Defendant served from D to April 2009 to December 2010 is also recognized by the Defendant.
In addition to the purport of the entire argument in the course of each financial transaction inquiry with respect to the witness F's testimony, the president of the party branch, and the president of the party branch, the H Bank account was opened on June 9, 2009, and the amount of KRW 18 million was deposited from D on December 14, 2009 to the defendant's above account, and the immediate deposit was made in cash, ③ the deposit was made from "I" on January 8, 2010 to the defendant's above account, ③ the deposit was made on January 11, 2010, ④ the defendant did not direct the above deposit and withdrawal transaction, ④ the defendant did not direct the above transaction to F (the testimony that the defendant directly traded the above deposit and withdrawal transaction at the party branch). ⑤ The defendant's account was closed until D was withdrawn, ⑤ The defendant's account was closed and 12380,000 won was not deposited in the above account (the above account was closed 17.21).
B. First, we examine the Plaintiff’s claim for damages.