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(영문) 서울고등법원 2015.08.25 2015나2008092
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, the judgment on the plaintiff's assertion is added as follows.

2. The Plaintiff asserts that this Court opened the instant account without the Plaintiff’s permission and received notarial fees from the customer while managing it in the future, and then deposited only 50% of the statutory notarial fees into the instant notarial office account or the Plaintiff’s representative’s account, and that the remainder is obtained by fraud or embezzlement by using it at will by the Defendant.

However, the following circumstances, which are acknowledged based on the overall purport of the pleadings, namely, ① the Plaintiff’s representative E appears to have opened the instant account through J, the Plaintiff’s employee, ② E received reports on the results of authentication and deposits each month through H, a witness of the first instance court, who was an employee in charge of the Plaintiff’s accounting office, ③ even if the details of the instant account are not specifically reported at the time of the said report, it appears that it could have been possible to confirm the specific contents of the instant account using an authorized certificate installed on the Plaintiff’s own computer, ④ witness G and H in the first instance court’s examination of the Defendant’s witness on suspicion of occupational embezzlement and witness examination at the Defendant’s witness examination and witness examination at the first instance court’s witness examination. In light of the consistent statement, there is insufficient evidence to acknowledge that the evidence submitted by the Plaintiff alone acquired or embezzled the amount exceeding 50% of the statutory notarial fee, as alleged by the Plaintiff.

Therefore, the plaintiff's above assertion is without merit.

3. The decision of the first instance court on the conclusion is justifiable.

The plaintiff's appeal is dismissed.

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