(영문) 광주지방법원 2021.03.25 2019가단544753

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(영문) 광주지방법원 2021.03.25 2019가단544753

손해배상 등

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1. The defendant's KRW 24,270,030 as well as about the plaintiff's KRW 5% per annum from January 10, 2020 to March 25, 2021.

Reasons

1. Basic facts

A. On May 2016, the Plaintiff and the Defendant invested KRW 490,00,00 in Seo-gu, Gwangju around early 2016, the Plaintiff and the Defendant invested KRW 10,000,00 in each of them, and the Defendant provided a know-how for the operation of the Vitice Center and operated the Fitice Center on the condition that the Defendant distributes operating profits to Plaintiff 7 and Defendant 3, and the Defendant decided to take charge of the duties of purchasing sports organizations and managing its members, etc. to be established in the Fitice Center.

B. Accordingly, the defendant from May 23, 2016 to the same year.

6. Between 25 and 25, the Plaintiff received KRW 116,574,200 from the Plaintiff to the account in the name of D as designated by the Defendant, and paid KRW 89,96,370 as the purchase price of the sports organization while keeping it for business purposes, and embezzled KRW 26,57,830, the remainder of KRW 26,57,830 as the purchase price of the sports organization.

In addition, on December 30, 2016, the Defendant received KRW 450,00,00 from E who is a student in the above emblem center, and paid KRW 390,000 among them for the Plaintiff, paid KRW 60,000 to the Plaintiff, and embezzled KRW 7,676,00 in the same manner until January 9, 2017 (hereinafter “the instant occupational embezzlement”).

The Defendant was indicted for the crime of occupational embezzlement in the instant case as the 2018 High Court 2018 High Court 209, 2302 (Joint) occupational embezzlement and was sentenced to a judgment of two-year suspended sentence for six months in the above court on October 12, 2018. The above judgment became final and conclusive around that time.

(d)

On the other hand, the defendant deposited 29,000,000 won on May 14, 2018 for the plaintiff and 29,000,000 won on October 10, 2018.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff.

유사 판례

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-춘천지방법원원주지원 2014.05.13 2013가단9580