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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a certified judicial scrivener operating a certified judicial scrivener office (hereinafter “Plaintiff’s office”) with the trade name “Certified Judicial Scriveners A office” in Ulsan-gu, Ulsan-gu. Defendant B is a certified judicial scrivener operating from December 2008 to December 31, 2013; Defendant C is from August 2010 to December 31, 2013; and Defendant D is a person who retired while serving as office staff at each Plaintiff’s office from August 201 to December 31, 2013.
B. The Defendants, as clerical staff at the Plaintiff’s office, have been engaged in real estate registration-related business, such as preparing documents for registration such as transfer of real estate ownership and establishment of collateral security, submitting registration certificates to the registry and issuing registration certificates
C. Defendant B was convicted of occupational embezzlement on June 12, 2015 that he/she embezzled fees received from a client in the affairs of applying for registration at the Plaintiff’s office, and was convicted of eight months of imprisonment (Ulsan District Court 2014Da3209). The summary of the crime is that “Defendant B, upon receiving a request from the client at the Plaintiff’s office from October 2, 2012 to December 20, 2013, he/she embezzled the fees for certified judicial scrivener on behalf of the Plaintiff, who is the victim, for whom he/she received a request from the clients to engage in real estate registration-related affairs, while he/she was in the course of performing his/her duties for the Plaintiff, who is the victim. At that time, he/she embezzled KRW 64,748,416 of the fees for certified judicial scrivener in Ulsan City, etc. for personal use as entertainment expenses and living expenses.”
Defendant B appealed against the above judgment on the ground of unreasonable sentencing, and in the appellate court (Ulsan District Court 2015No685), Defendant B deposited KRW 30,00,00 as the principal deposit on May 8, 2015, and KRW 34,748,416 on July 7, 2015, respectively, and the Plaintiff deposited KRW 64,748,416 on July 30, 2015.