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인천지방법원 2013.11.07 2013고단801
배임
Text

The accused shall dismiss an application for compensation by the applicant for compensation of the acquitted;

Reasons

1. From Aug. 2010, the Defendant: (a) from around August 201, the Incheon Gyeyang-gu, the Defendant: (b) borne KRW 20 million among the lease deposit of KRW 30 million in Incheon Gyeyang-gu; and (c) operated the restaurant called “F” as E and the same; (b) around December 5, 2010, the Defendant unilaterally changed the name of E from January 27, 201 to “G” in the vehicle with fire in the restaurant warehouse and the restaurant business with the Defendant without settling the business partnership with the Defendant; and (c) the Defendant unilaterally ceased to operate the F restaurant without being refunded any part of the deposit money.

The victim transferred the main kitchen, air conditioners, and air conditioners, etc. used in the G cafeteria in Gyeyang-gu Incheon Metropolitan City, which he had been operating, to the G cafeteria in the above D, and started E and Dong business. The victim recognized 50% of the deposit deposit of G cafeteria in D and 60% of the premium as the victim's share.

However, on November 16, 201, the above G restaurant also prepares a letter of waiver with the purport that it waives all rights to the above G restaurant in the above G restaurant without the victim’s consent at around November 16, 201. On November 21, 2011, the above G restaurant waives the lease deposit of the above restaurant KRW 10 million among E-invested KRW 30,000,000,000, and prepares an agreement with the complainant who is in a business relationship with the defendant that the defendant will resolve the problem.

Therefore, the defendant, on behalf of the defendant, has a duty to liquidate the partnership between the victim and E as stipulated in the above agreement, and to preserve the same business without arbitrarily disposing of the property until the liquidation is completed.

Nevertheless, on January 26, 2012, the Defendant violated the above duties, and thereby, at the Jackdo operated by the owner of the D Building in Gyeyang-gu Incheon Metropolitan City, the Defendant KRW 30 million under the name of the deposit, and KRW 10 million under the name of the premium, to K without settling a partnership between the victim and E.