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(영문) 서울중앙지방법원 2015.09.24 2013가합85320

손해배상(기)

Text

1. The Plaintiff:

A. Defendant A’s KRW 127,048,90 and for this, KRW 5% per annum from October 1, 2010 to September 16, 2014.

Reasons

Basic Facts

The pertinent Plaintiff of the parties is a law established for the purpose of publishing and selling newspapers, publishing and selling books and magazines, and is a company that issues and sells daily newspapers as defined in subparagraph 1 of the "Mod Newspapers" and daily sports newspapers as sports partitions.

The Defendants, while serving as a business member of the Seoul Metropolitan Area Team as the Plaintiff’s original service station (the “sales center prior to the change of the name”; hereinafter referred to as the “ original service station”), retired from the office from the end of December 201 to the end of April 201.

The plaintiff's method of supplying newspapers, etc. to the branch and receiving the price for the branch through the branch, etc., sold and supplied the newspaper to the general public, and the business members including the defendants managed several branch offices within their respective jurisdiction.

The Defendants consulted on the monthly supply volume of the branch and the monthly supply volume, the ratio of the non- branch and the monthly fixed amount of the household allowance, etc. within his jurisdiction, and reported monthly to the Plaintiff, and the Plaintiff supplied the examination to each branch and filed a claim for sales proceeds by issuing the invoice corresponding to each branch and filing a claim for sales proceeds on the 25th day of each month.

The defendants received the above claim amount from each jurisdiction country, and paid it to the plaintiff.

Defendant A and B’s criminal judgment: (a) filed a claim for newspaper sales proceeds with 22 branch stations, etc. managed by the said Defendant from December 2, 2007 to September 2010; and (b) deposited only a part of the amount to the Plaintiff using the personal passbook; and (c) embezzled KRW 127,048,990 in total over 33 times as a way of consuming the difference in personal usage for the Plaintiff.

‘The criminal judgment of 8 months of imprisonment (U.S. District Court 2012 large 300 business embezzlement) was sentenced to criminal facts on September 26, 2012, and appeal and appeal are filed against it.