손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. In Yangcheon-gu Seoul Metropolitan Government D 4, the Plaintiff and C operated the E Institute (hereinafter “E Institute”) which is the E Institute for Examination (hereinafter “E Institute”), and the Defendant served as the English language and instructor of the E Institute from December 14, 2013 to August 14, 2014.
B. From July 2014 to August 2014, 2014, the Defendant: (a) leased the lecture room of the FAF in the vicinity of the EAF; (b) opened a bank account in his/her own name (hereinafter “instant passbook”); and (c) deposited the lecture fee for the said course.
C. The Defendant’s tuition fees deposited from July 2014 to August 2014 are KRW 49,560,500 in total, and the Defendant set and used KRW 19,824,200 (Sales 40%) as one’s salary, and some of the amount was paid as the expenses of the pertinent private teaching institute and the salary for the class assistants.
On September 18, 2014, the Plaintiff filed a complaint with the Defendant and C (hereinafter “instant complaint”) on the grounds of the fact that “the Defendant and C conspired to embezzled tuition fees of the E Institute and received tuition fees from the instant passbook, and embezzled the amount equivalent to the said amount in violation of the duties of the operation of the E Institute in the manner of paying the teaching assistants of the G Institute out of the tuition fees for the purpose other than the business purpose of the E Institute.” However, on May 29, 2015, the public prosecutor of the Seoul Central District Public Prosecutor’s Office (hereinafter “instant complaint case”). However, on May 29, 2015, the Seoul Central Public Prosecutor issued a non-prosecution disposition against the Defendant on the charge
[Ground of recognition] Facts without dispute, Gap evidence 1, 5, 8, 18, Eul evidence 1, Eul evidence 1 (including each number; hereinafter the same shall apply), Eul's testimony, and the purport of the whole pleadings
2. The parties' assertion
A. The Defendant asserted that the Plaintiff did not receive tuition fees from the head of the instant passbook in collusion with C, thereby embezzlement of the Plaintiff’s private teaching institute fees.
Therefore, the defendant is liable to the plaintiff for damages caused by tort.