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(영문) 서울고등법원 2016.10.13 2016나9898

손해배상등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The pertinent Plaintiff is a certified judicial scrivener who operates a certified judicial scrivener office in Jung-gu, Seoul, and the Defendant agreed with the Plaintiff and was an employee who performed the real estate registration business at the Plaintiff’s office.

B. The Plaintiff and the Defendant’s business agreement 1) On October 2004, the Plaintiff and the Defendant accepted the case in the name of the Plaintiff in return for the payment of the office operating expenses of a certain amount per month to the Plaintiff, and carry out the real estate registration business, etc. and the incidental fees are to be borne by the Defendant (hereinafter “instant business agreement”).

(2) Accordingly, the Plaintiff delivered the bank account and real name in the name of the Plaintiff to the Defendant, and the Defendant independently employed a person from that time, and paid the office operating expenses agreed upon to the Plaintiff every month while processing real estate registration under the name of the Plaintiff.

C. On November 2007, the Defendant entered into a law firm agreement and paid fees. The Defendant is a D Housing Redevelopment and Improvement Project Association (hereinafter “instant association”).

A) On November 23, 2007, the Plaintiff entered into an agreement with the Plaintiff to handle various legal affairs including the registration affairs with the instant union (hereinafter “instant legal affairs agreement”).

(2) On May 28, 2014, between May 201 and December 21, 2014, the Defendant, around April 2008, received KRW 300 million from the instant association as an advance payment for registration affairs under the instant legal business contract, and received KRW 400 million from the Plaintiff’s account in the name of the Plaintiff, respectively. < Amended by Presidential Decree No. 25200, Feb. 48, 2014; Presidential Decree No. 25357, May 21, 2014>

On March 2015, the Plaintiff, after the relevant criminal case disposition, embezzled the registration fee of the legal service contract of this case for the purpose of using it at will while the Defendant kept it for business purposes.