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(영문) 서울동부지방법원 2016.01.14 2014가합9081
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 207, the Plaintiff related to the parties is a publicly notified person and a housing lessor by the president of a dental hospital, and the Defendant, upon finding employment as nursing assistance to a dental hospital operated by the Plaintiff (around May 2009, acquiring the qualification as an assistant nurse). At the same time, the Plaintiff works as an assistant nurse at a dental hospital according to the direction of the Plaintiff, and at the same time, handled all affairs related to the accounts of the dental hospital, the public notification board owned by the Plaintiff, the housing lease, and the fee-related affairs, and retired on October 30, 2013.

B. The Plaintiff’s operating process of the Plaintiff’s Public Notice Board (hereinafter “C Public Notice Board”) and F Public Notice Board in E (hereinafter “E Public Notice Board”) have operated both D Public Notice Board (hereinafter “E Public Notice Board”). From August 2010 to October 30, 2013, the Defendant took charge of all business affairs related to the lease and collection of C Public Notice Board’s revenue, and from August 2010 to October 30, 2013, the Defendant took charge of all business affairs related to the lease and collection of E Public Notice Board’s revenue. The Defendant took charge of all business affairs related to the lease and collection of E Public Notice Board’s revenue from September 200 to October 30, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 13 through 16, 27, and Eul Nos. 1 and 2 (including each number), the witness G’s testimony, and the purport of the whole pleadings

2. Determination as to claim for damages against tort

A. The summary of the Plaintiff’s assertion 1 of the parties asserted: (a) the Defendant received rent from the lessee in the name of the Defendant without the Plaintiff’s consent, and then remitted only part of the rent to the Plaintiff’s account in the name of the remitter by means of manipulating the remitter’s name, which the lessee directly transferred to the Plaintiff; and (b) embezzled KRW 134,03,00 in total by consuming the remainder of the rent as one’s own cost of living.

② On April 2, 2012, the Defendant received eight million won of the value of the standing timber to be paid by H in the account under the name of the Defendant and kept it in custody. The Defendant did not return the said eight million won.

③ The Plaintiff is located in Gangdong-gu Seoul Metropolitan Government I.

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