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Reasons
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(영문) 춘천지방법원강릉지원 2019.06.19 2018가단3621
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is C's Chok.

B. On January 22, 2018, C was in charge of accounting duties as an employee of the Plaintiff Company, while keeping and managing the bank accounts under the Plaintiff’s name for business purposes on or around January 10:16, 2018, C transferred KRW 30 million in the Plaintiff’s name to F Association account (G) in the Plaintiff’s name by means of Internet banking, and transferred KRW 35 million, including KRW 5 million already deposited in the said union account at around 10:20 on the same day, to H (I) in the Defendant’s name, 11:04 on the same day. From May 8, 2015 to January 22, 2018, C was sentenced to imprisonment with prison labor for a total of KRW 1986,650,000 in the Plaintiff’s name, but the Defendant’s appeal was dismissed as the Defendant’s imprisonment with prison labor on or around 2018 (hereinafter referred to as “Defendant’s property”).

C. Of the above facts constituting the crime C: (a) KRW 6 million on July 13, 2017 from the account in the Plaintiff’s name;

7. It includes the fact that KRW 4 million, KRW 1.5 million on October 27, 100, and KRW 2 million on January 22, 2018, and KRW 3.5 million on January 22, 2018, have been arbitrarily used after the transfer to the H account under the name of each Defendant (the first I and the J).

[Ground of recognition] Facts without dispute, entry of Gap6 and 10 evidence (including additional number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the Defendant received a sum of KRW 48,50,000,000 embezzled by C to the above H account under the name of the Defendant, and thereby unjust enrichment, is obligated to return the said amount to the Plaintiff.

B. As to the defendant's assertion, the defendant opened the above account at the request of the parent-child and used it by delivering the passbook, etc. to the parent-child and did not use the above money transferred to the above account.

C. The determination system is fair when the benefiting person’s property gains did not have any legal cause.

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