손해배상 등
1. The Defendant (Counterclaim Defendant) Co., Ltd., Ltd., and Defendant B, Defendant (Counterclaim Plaintiff).
1. On November 30, 2005, the Plaintiff entered into a contract with the Defendant Company (the Plaintiff shall provide the Defendant Company with the location, facilities, and equipment necessary for the operation of the cultural center, and the Defendant Company shall take charge of the overall operation of the cultural center) by November 30, 2010 from that date, for the operation of the cultural center located in the Defendant Company A (the representative of the Defendant Company from that date to March 30, 2012), the C points in the management of the Plaintiff (the following referred to as “C points”), and D points (the following referred to as “D points”).
(C) Under the contract of this case, the Defendant Company: (a) deposited the revenues, such as tuition fees, received from its members, in the course of operating the cultural center on commission, in advance, into the Plaintiff; and (b) apportioned the remaining profits in accordance with the agreed ratio (C points: Plaintiff 65%, Defendant Company 35%, and D points: Plaintiff 50% and Defendant Company 50%).
As to the operation of the cultural center under the instant contract, Defendant B was convicted of the following facts constituting the crime of occupational embezzlement (a summary of the principal facts of the crime)
(Seoul Central District Court 201Mo4294, Seoul Central District Court 201No4289, Supreme Court 2012Do2477). Defendant (Defendant B and the following) entered into the instant contract with the victim (the Plaintiff and the following) as an operator of the Defendant Company and has been in charge of overall control over the operation of the Cultural Center.
According to the instant contract, the Defendant decided to distribute the profits with the victim through the settlement procedure as seen earlier.
Nevertheless, from March 2006 to October 2010, the Defendant received a total of KRW 116,236,200 tuition fees from members of the Cstore Culture Center and kept a total of KRW 37,680,200 from members of the Dstore Culture Center on a total of KRW 992 occasions.