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(영문) 인천지방법원 2015.06.09 2015가단8437
손해배상(기)등
Text

1. The Plaintiff, Defendant B, and Defendant B, the management system for Defendant B, and Defendant B, respectively, are 15.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 5, 7, and 8 as to the cause of the claim, the plaintiff entered into a lease management entrustment contract with the defendant Lee Dong-gu, Incheon (hereinafter "the plaintiff's company") on April 18, 2013 with the plaintiff Jung-gu, Jung-gu, Incheon (hereinafter "the plaintiff's company"), and the defendant Eul, an employee of the defendant's company, leased the plaintiff's room of this case to Eul for KRW 20 million and KRW 2.5 million on behalf of the plaintiff on March 20, 2014, on behalf of the plaintiff on March 20, 2014. Nevertheless, the defendant Eul agreed to use the lease deposit amount of KRW 5 million for personal purposes, and the remaining lease deposit amount of KRW 15 million from the plaintiff's office to the end of February 31, 2013, and the fact that the defendant Eul received the plaintiff's office in full under the name of the plaintiff's office.

According to the above facts, Defendant B is obligated to pay damages of KRW 38,90,00 (i.e., embezzlement of the above lease deposit and defraudation of the sale price (i.e., KRW 23,90,000) and damages for delay calculated at the rate of 5% per annum under the Civil Act from May 9, 2015 to June 9, 2015, which is the day following the delivery date of the copy of the complaint of this case, as sought by the Plaintiff, and from the next day to the day of full payment, 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

In addition, pursuant to Article 756(1) of the Civil Act, as the employer of Defendant B, the Defendant Company is obligated to pay 15 million won and damages for delay calculated at the rate of 5% per annum from March 4, 2015 to June 9, 2015, which is the day following the delivery of a copy of the above complaint, and from the next day to the day of full payment.

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