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(영문) 수원지방법원성남지원 2015.08.28 2013가단23326
손해배상(기)
Text

1. Defendant B’s KRW 30,000,000 and its amount are 5% per annum from March 16, 2005 to August 28, 2015.

Reasons

1. Basic facts

A. The Plaintiff (the Plaintiff’s representative before the modification) is a management body of Atel located in Sung-nam City Section D (hereinafter “instant officetel”). Defendant B was the chairman of the instant officetel steering committee from April 200 to August 5, 201, and Defendant C served as the head of the instant officetel’s living support office from September 200 to April 201.

B. “The Defendant,” in collusion, around August 10, 2007, from E, an occupant of the first floor above the ground level, at the office of the management of the above officetels around the same year.

7.27.20 million won, per year;

8. 7. 10 million won was remitted as management expenses and embezzled in the course of performing duties for the plaintiff's business. The defendant B, around November 20, 2007, embezzled it from the National Bank Account (H) in the name of the victim A representative meeting of the victim A who was the above officetel parking expenses management account to the National Bank Account (I) in the name of the defendant B in order to use it as attorney's fee in relation to the management expenses litigation with G, etc. with the above E former owner in the above office of officetel management office.

‘The crime of occupational embezzlement on April 11, 2013, Defendant B was sentenced to a suspended sentence of 2 years for Defendant B to a suspended sentence of 8 months, and Defendant C was sentenced to a suspended sentence of 1 year for a suspended sentence of 3 months for a suspended sentence of 1 year.

(C) Sungnam District Court 2013 Madan315).

On March 10, 2010, Defendant C wired KRW 30 million to Defendant C’s Agricultural Cooperative Account (Account Number J), and KRW 50 million on April 22, 2010, in total, to Defendant C’s Agricultural Cooperative Account (Account Number K). Defendant C wired KRW 30 million on March 9, 2010, and KRW 20 million on April 23, 2010 to the Plaintiff’s passbook.

The embezzlement amount of KRW 50 million was repaid to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1 of March 11, 2005 purport that Samsung C&T Co., Ltd and compensation shall be made with regard to the newly constructed L&T site.

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