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(영문) 대구지방법원안동지원 2015.07.20 2014가단6145
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. Defendant B is the former accounting office of the Plaintiff Company, and Defendant C is the mother of Defendant B, and Defendant D is the mother of Defendant C and the mother of Defendant B.

B. Defendant B, by taking advantage of his/her own position in the accounting office of the Plaintiff Company, jointly with Defendant B, committed a tort of embezzlement of KRW 9,297,640 as remuneration between February 23, 2012 and August 21, 2012 by transferring KRW 9,297,640 to the head of the Tong in the name of the Plaintiff Company, and Defendant C, as if he/she had been an employee of the Plaintiff Company, transferred KRW 4,774,520 from June 30 to February 12, 2010 to the head of the Tong in the name of the Plaintiff Company, as if he/she had been an employee of the Plaintiff Company, he/she transferred KRW 20 to the head of the Tong in the name of the Defendant Company, and he/she embezzled KRW 10,774,520 from June 30, 209 to February 12, 2010 to the amount of KRW 19,700.

Therefore, Defendant B and C jointly have a duty to compensate the Plaintiff for KRW 25,937,090 related to E pay + KRW 9,297,640 related to E pay + KRW 4,774,520 related to Defendant C’s pay + KRW 196,710 related to Defendant C’s fourth premium + KRW 8,500,000 in the market price of the instant vehicle + KRW 3,168,220 in the instant vehicle premium) and damages for delay.

C. In addition, Defendant B, who pretended to be an employee of the Plaintiff Company, embezzled the said money by having the Plaintiff pay a total of KRW 1,142,860 of the 4 major premium in 2012, and 2013, as the said money was embezzled. As such, Defendant B shall compensate the Plaintiff for the said money.

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