The meaning of a person who administers another's business in breach of trust

In the case of breach of trust, a person who administers another's business is a person who has a duty to protect or manage another's property based on a bilateral trust relationship. Thus, if a person bears only a duty to pay money, which is merely a contractual obligation, and falls under one's own business, it cannot be viewed as a person who administers another's business even if it is done for another person's business.

Defendant

Attorney Park Ji-hoon

Busan District Court Decision 75No339 delivered on May 30, 1975

The original judgment is reversed, and the case is remanded to Busan District Court Panel Division.

The grounds of appeal by defense counsel are examined.

According to the judgment of the court of first instance maintained by the court below, the defendant was the owner of a new building who constructed a building and entered into a contract with Hong Young Construction, and the Hong Young Construction Co., Ltd., which is the beneficiary of the contract had been constructed. The defendant was a security against the debt of 4 million won paid to the above contractor, and issued a letter of delegation of the right to dispose of the above house to the defendant, holding the name of the registration in the name of the defendant as it is. Since the defendant sold the above house between the above Hong Young Construction and the above Hong Construction and agreed to pay one million won out of the purchase price to the above Hong Construction Construction, the court below dismissed the defendant's appeal to the purport that the above Hong Construction Co., Ltd. did not pay one million won to the above Hong Construction Construction Co., Ltd., even though he sold the above house to the above Hong Construction Construction Construction Co., Ltd., and therefore, it did not pay one million won to the above Hong Construction Construction Co., Ltd., and it violated his duty and thereby caused loss to the above Hong Construction Construction.

However, in the case of breach of trust, a person who administers another person's business has a duty to protect or manage another person's property based on bilateral trust relationship. Thus, if such business belongs to one's own business, not the other person's business, it cannot be viewed as a person who administers another's business even if it is conducted for another person's business.

According to the facts acknowledged by the court of first instance maintained by the court below in this case, since the defendant only bears the obligation to pay one million won from the money sold by the above house to the above Hong Jae, the above obligation to pay the above money belongs to the defendant's business because it is merely merely a mere obligatory obligation to pay the above money, so the above obligation to pay the above money belongs to the defendant's business, so it cannot be deemed that the defendant is a person in charge of conducting the above

Nevertheless, the above decision of the court below is erroneous in the misapprehension of the legal principle of the crime of breach of trust, and it is so reasonable that the court below reversed and remanded the original judgment with the assent of all Justices who reviewed the appeal.

Justices Lee Byung-ho (Presiding Judge)