(영문) 청주지방법원 2015.09.03 2014가합28616

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(영문) 청주지방법원 2015.09.03 2014가합28616

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. Summary of the plaintiff's assertion

A. The Defendant’s husband’s husband (hereinafter “the network”) opened a deposit account in the name of the pertinent school without permission using the official seal of the E University, which was kept by the Plaintiff’s husband while working as the person in charge of receipt and disbursement of the Plaintiff’s E University. The Plaintiff embezzled the amount of KRW 1,043,582,52 in total from October 22, 2012 to April 22, 2013 by cancelling the term deposit in the said school and depositing the interest into the deposit account opened without permission as above, and remitting the interest to the account in the name of the Defendant.

B. However, in light of the following: (a) the deceased committed the above embezzlement by using the account in the name of the defendant; (b) the obligation secured by the right to collateral established on the real estate owned by the defendant was repaid; and (c) the defendant, who knowingly aided and abetted the deceased’s embezzlement while recognizing the embezzlement; or who acquired stolens based on the deceased’s embezzlement, is liable to compensate the plaintiff for damages caused by the deceased’s embezzlement; and even if the liability for damages is not acknowledged against the defendant, as long as the secured obligation established on the real estate owned by the defendant was repaid with the embezzlement of the deceased, the amount equivalent to the above repayment should be returned to the plaintiff as unjust enrichment.

2. Determination

A. According to the evidence Nos. 1 to 3, 5-1, 2, 6, and 7 of the evidence Nos. 2 and 4, and the defendant’s agricultural bank account Nos. 5-2, 782, 30 won was deposited in the name of E University (F) and KRW 569,70,000 on the same day, and KRW 473,797,000 was deposited in the same amount on March 22, 2013, and KRW 3,000 was deposited in the same amount on the same day, and KRW 93,849,000 on the same day.

유사 판례

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