(영문) 서울남부지방법원 2015.07.16 2014가합106060

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(영문) 서울남부지방법원 2015.07.16 2014가합106060

손해배상(기)

Text

1. The defendant,

A. As to the Plaintiff A’s KRW 20 million and its KRW 10 million, from April 20, 2010 to the remainder 1.

Reasons

1. Basic facts

A. 1) The Defendant is a corporation with the objective of investment trading business, investment brokerage business, etc. (2) Plaintiff A and Plaintiff B, who is one of the Plaintiff, made an investment in the fund through the Defendant from around 2006.

B. On April 20, 2010, the embezzlement C, as an employee of the Defendant (the Vice Minister, Vice Minister, and Vice Fund Manager) of the Defendant’s branch office, recommended the Plaintiff to “investment in new fund goods.” The Plaintiff voluntarily withdrawn KRW 10 million after obtaining the Plaintiff’s consent to withdraw the deposit, and then arbitrarily used it for the personal debt repayment, etc. of C.

In this way, C, among the Plaintiff’s deposits, voluntarily embezzled KRW 10 million as of April 20, 201; KRW 10 million as of March 15, 201; KRW 20 million as of March 15, 2012; KRW 5 million as of October 5, 2010 among the Plaintiff’s deposits; KRW 5 million as of March 11, 201; KRW 10 million as of May 13, 201; KRW 50 million as of September 29, 201; KRW 15 million as of December 28, 201; and KRW 85 million as of December 25, 201; and withdrawn for personal purposes.

C. On June 19, 2014, the relevant criminal case C was prosecuted for occupational embezzlement, etc. and was convicted on February 10, 2015.

[The High Court Decision 2014Da1173, 1277, 1784, 2015 Godan183 (merged)] said C appealed on the ground of unfair sentencing and was sentenced to a conviction sentenced by the appellate court on June 23, 2015, and the appellate court judgment became final and conclusive around that time.

(Reasons for Recognition) / [Ground for Recognition] / [In the absence of dispute, Gap evidence Nos. 4, 11 (including each number, hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Summary of the plaintiffs' assertion

A. Plaintiff A opened an account under the name of Plaintiff B, as well as his own name, and invested a total of KRW 300 million at the Defendant’s D points.

B. However, Defendant C, an employee of the Defendant, liquidates the existing fund and is another fund.

유사 판례

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