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(영문) 청주지방법원 2016.10.07 2015나10074
구상금
Text

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

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is a company that carries on the business of manufacturing and selling furniture, and the Spatial Art Co., Ltd. (hereinafter “Spatial Art”) is a company that carries on the business of manufacturing and selling furnitures with the display stand.

B. On August 19, 2010, the Plaintiff entered into a contract with the non-party company for the production and installation works of museum exhibition facilities (hereinafter “instant exhibition site”) (hereinafter “instant construction works”) by the Chungcheongnam-ju University (the name of the Korea Transport University was changed, and entered into a contract with the non-party company for the period of September 13, 2010, setting the construction cost of the instant construction as KRW 42480,000 (including the cost of the display site construction of KRW 35,500,000,000,000 won) and the construction period of the exhibition site construction of KRW 75,5,000,000,000,000).

C. At the time, the Plaintiff ordered the Defendant, who was the head of the Plaintiff’s site, to direct and supervise the instant construction, and the Defendant directly prepared the design drawing of the instant display site and provided it to the Nonparty Company, and the Nonparty Company produced and executed the instant display site according to the said design drawing.

The non-party company completed the instant construction by September 13, 2010, and the Plaintiff was confirmed on September 13, 2010 by the Chungcheong University.

E. On the other hand, on December 16, 2012, the Defendant embezzled, by failing to return it until January 5, 2012, even though the Defendant received from the Plaintiff for the on-site business, such as electronic drawings, one set of materials related to the construction site stored in the instant Nowon-gu (hereinafter “instant Nowon-gu”), which amounting to KRW 440,000,000 in the market price owned by the Plaintiff, for the purpose of the on-site business, such as electronic drawings, and received a request from the Plaintiff on April 20, 201, and received a request from the Plaintiff to return the Nowon-gu.

‘A summary indictment of a fine of KRW 500,000 has been filed for the criminal facts of ‘'.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 4, and 13, Gap witness B's testimony and the purport of whole pleadings

2. The plaintiff's assertion and judgment are as follows.

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