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(영문) 울산지방법원 2017.05.24 2016가합1867
부당이득금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant is an attorney-at-law who operates a law office B located in Busan-gu, Busan-gu, (hereinafter referred to as "the defendant's office").

The Plaintiff served as the secretary of the Defendant’s office from around 1982 to December 1, 2012, and introduced D, which is the Plaintiff’s children during job-seeking, to the Defendant, and D worked as the clerical staff from around September 2001 at the Defendant’s office.

D worked as office staff at the defendant office in 2007, while serving as office staff in the defendant office, retired and served again from December 2008, which was after the release of the defendant office, as office staff of the defendant office.

B. The Defendant: (a) left the head of the Tong and the seal under the name of the Defendant to the person to whom it is difficult to accept the instant case due to the aged (1941), used the operating expenses of the Defendant’s office, the payment of interest to individuals, and the payment of insurance premium; (b) changed the amount of KRW 2,00,000 per month to the expense; (c) requested the head of the Tong

C. The plaintiff also worked as a chief executive officer in the defendant's office for the elderly (1942) but worked as a chief executive officer in the defendant's office for the defendant's office, such as preparing a complaint for a case that he accepted with the client, but the overall operation of the office was entrusted to D, who was a son.

D As above, the Defendant and the head of the office of the Plaintiff, a lawyer, obtained the total amount of KRW 708,090,000 from the clients who requested the Defendant’s office from December 29, 2008 to December 5, 2012, as the fact that the Plaintiff, the attorney-at-law, and the head of the office, entrusted the overall operation of the Defendant’s office, and acquired them by deception as attorneys’ fees, deposit money, seizure expenses, etc.

(hereinafter referred to as “the instant fraud”). E.

D was prosecuted due to the crime of defraudation of this case and sentenced to imprisonment on December 17, 2013 in Busan District Court Decision 2013Da3370, 3496 (Merger), 3521 (Merger), 4013, 4179 (Merger), 4431 (Merger), 595 (Merger), 6202 (Merger), 7371 (Merger), fraud in the case of occupational embezzlement.

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