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(영문) 서울고등법원 2016.10.13 2016나3203
손해배상(기)
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The Plaintiff is a lessor who, operating a dental hospital on the second floor of Gangdong-gu Seoul Metropolitan Government E-building, leases the F-Public Notice Center (hereinafter “E Public Notice Center”) on the 3-5th floor of the same building, and leases the D-Public Notice Telecom located in Gangdong-gu Seoul Metropolitan Government (hereinafter “C-Public Notice Center”) and the housing located in Gangdong-gu Seoul Metropolitan Government I (hereinafter “I-Housing”) (hereinafter “C-Public Notice Center”).

B. Around September 2007, the Defendant hired a dental hospital operated by the Plaintiff as a nursing assistant, and then acquired the qualification of a nursing assistant on May 2009 and takes charge of the nursing assistant affairs. On the other hand, according to the direction of the Plaintiff, the Defendant resigned on October 30, 2013 while taking charge of the accounting of the dental hospital, the instant public notice board, and the affairs related to the lease and the collection of the house.

C. The Defendant respectively took charge of G from August 2010 to October 30, 2013 with respect to the duties related to the lease, management, and collection of the C Public Notice Board, and from August 30, 2010 to October 30, 2013. The Defendant was in charge of the duties related to the lease, management, and collection of the E Public Notice Board’s name, the mother of the patient within the dental hospital, who is the mother of the patient within the dental hospital, from September 2009 to October 30, 2013.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1, 2, 13 through 16, 20, 22, 25, 28, 32, 33, 34, Eul's evidence Nos. 1, 2, and 9 (including each number, if any), witness G of the first instance court, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion is that the Defendant arbitrarily consumed and embezzled the sum of KRW 224,222,910, including the dental income and the rent for the Institute of Dental Service deposited in the Defendant’s name while performing the Plaintiff’s accounting work and the instant Institute’s management work. As such, the Defendant compensates the Plaintiff for damages equivalent to the embezzled money, or ② refund the money acquired in the course of performing the duties as the Plaintiff’s authorized person, to the Plaintiff, who is the delegating person.

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