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(영문) 부산지방법원 2013.08.20 2010가단131476
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 25, 2006, the Plaintiff filed a complaint with the E police station against B on suspicion of occupational embezzlement (around April 2003, when the Plaintiff and B were engaged in the same work with a contract for C Corporation located in the C&A, which was sent by D Co., Ltd. on October 2005 and embezzled the Plaintiff’s settlement amount of KRW 20,871,130 between the Plaintiff and the Plaintiff, a partner, without paying KRW 20,871,130).

(hereinafter referred to as "A"). (b)

On October 17, 2006, the Plaintiff filed a complaint with the E police station on the charge of fraud (on July 1, 2005, 2005, the Plaintiff filed a complaint with the E police station, stating that “B would be able to obtain a subcontract for electrical construction equivalent to KRW 4 billion among the redevelopment works for apartment constructed by G located in Changwon-si, Changwon-si, by acquiring KRW 20 million from the Plaintiff in the name of introduction expenses).

(hereinafter referred to as "B")

C. The Plaintiff embezzled B on August 2, 2010 (i) while the Plaintiff and B engaged in the same work under contract with the Plaintiff and B, he arbitrarily consumed and embezzled the construction cost of KRW 36 million while being kept in custody by the Plaintiff on August 14, 2003, and (ii) around September 1, 2003, B received construction cost of KRW 19,357,000 from I and embezzled it at will while receiving KRW 8,357,00,000 from the Plaintiff, and (iii) on October 14, 2005, B did not request the Plaintiff to return the construction cost of KRW 1,00,000,000, KRW 1,000,000 from I and received KRW 5,000,000,000 from the Plaintiff on September 19, 2006, and embezzled it with the agreement that received KRW 97,500,000,000,000 from the Plaintiff.

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