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(영문) 대전지방법원천안지원 2014.07.04 2013가합2101
횡령금 반환
Text

1. The Defendant’s KRW 251,564,435 as well as annual 5% from March 28, 2014 to July 4, 2014, and the next day.

Reasons

1. The Plaintiff, as a psychiatrist, is the president of the “D Hospital” (hereinafter “instant hospital”) located in Seoan-gu, Seoan-gu, Seoan-gu, Incheon (hereinafter “instant hospital”), and the Defendant, on March 26, 2007, became a director of the headquarters of the instant hospital, and was engaged in the management of the nurses, etc. of the instant hospital, the payment of employee wages, etc., and resigned on April 1, 2013.

2. The parties' assertion and judgment

A. In full view of the employees’ benefits and retirement reserve embezzlement, Gap evidence Nos. 1 through 5, and evidence No. 18, the defendant received from February 2008 to December 2, 2012, and the corresponding amount indicated in the [Attachment No. 5,894,160,71 won] and the corresponding amount indicated in the [Attachment No. 2] “claim No. 359,924,734 won in total)” were stated in the benefit ledger of the hospital employees, and then had the plaintiff transfer the amount to the bank under the name of the plaintiff under the control of the plaintiff. The defendant received the approval of the plaintiff, as above, from the plaintiff, the total amount of KRW 5,64,140,014 as stated in the [Attachment No. 1] to the hospital employees and employment intent of this case, and the defendant has accumulated the corresponding amount to the plaintiff’s benefits reserve funds of this case - 675,767,775,767, and 147,7,75, etc.

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