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(영문) 부산지방법원 2017.07.21 2015가단241088
손해배상(기)
Text

The defendant shall pay to the plaintiff KRW 34,435,955 as well as 5% per annum from December 3, 2015 to July 21, 2017.

Reasons

Facts of recognition

On May 1, 2010, the Defendant entered into an employment contract with the Plaintiff who runs a mobile phone agency business, and served as a general manager at the Plaintiff’s C business center (hereinafter “instant business center”) and was subject to disciplinary action on August 23, 2012.

Around March 2011, the Plaintiff entered into a contract for the entrustment of business with D (hereinafter referred to as “E sales store”)’s “E” (hereinafter referred to as Defendant’s wife), and the sales store changed to F (F) around September 201, the Plaintiff entered into a contract for entrustment of business with the Plaintiff.

From January 25, 2010, the Plaintiff announced the “Regulations on entry in the account books and revenue disposal” to the management planning team for cash and valuables not entered in the account books among the profits accrued in relation to the performance of duties at each business center, and as a result, the Plaintiff notified the management planning team for cash and valuables not entered in the account books. On the other hand, the Plaintiff made the use plan known to the members of the center, and G also made it

(2) The Defendant received KRW G7,040,420 (hereinafter “instant G”) from H from May 2009 to May 2012, 2012 in relation to the instant business center’s business and used it for personal purposes.

On the other hand, from October 1, 2010, the Plaintiff entered into a business subcontract with I Co., Ltd. (hereinafter “I”) from around October 1, 2010, and provided human resources from the said company with guidance for sales of mobile phone service products, and paid the relevant personnel expenses.

[Grounds for recognition] According to the above facts without dispute, Gap 1 through 4, 13, and 14's statements, and the judgment on the ground of the entire purport of the pleadings, the defendant is obligated to use G in relation to his business through the notification and public notice stipulated in the treatment regulations of this case, if he receives G in relation to his business, and even if the purpose of use is not specified in detail, it is personal use.

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