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(영문) 서울북부지방법원 2020.06.17 2019가합22955
부당이득금
Text

1. The Defendant’s KRW 706,00,000 and its related amount are 5% per annum from February 28, 2019 to June 17, 2020.

Reasons

Facts of recognition

The plaintiff company is the owner of Dobong-gu Seoul Metropolitan Government Dtel (hereinafter "D"), and the defendant was in charge of the management of D's buildings and the conclusion of lease contracts after joining the plaintiff company around June 7, 2004.

The defendant's occupational breach of trust D's rooms were managed as the lease deposit amount to KRW 5 million or KRW 10 million or KRW 500,000 or KRW 500,000 or KRW 500. The defendant was delegated by the plaintiff company to renew the existing lease contract or to enter into a new lease contract within the above scope.

On October 24, 2013, the Defendant entered into a lease contract with E with a lease deposit of KRW 65 million and received KRW 65 million from E around that time, but the Plaintiff Company issued a forged lease contract with a lease deposit of KRW 5 million and KRW 500,000 in monthly rent, and paid only KRW 5 million to the Plaintiff Company as the lease deposit. From around that time to January 10, 2019, the Defendant entered into a lease contract with each lessee listed in the “Lessee” column in the separate sheet as above (hereinafter “instant lease contract”).

Defendant’s occupational embezzlement from around the summer in 2017 to February 2019, the Defendant collected KRW 500,000 per month from G, a lessee of D building F, and used the sum of KRW 6.5 million as a result of the Defendant’s occupational embezzlement for the Plaintiff Company without the Plaintiff Company’s permission.

The defendant who has passed through the relevant criminal case above

(b) and (c);

In relation to the act in subsection (a) the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Seoul Northern District Court 2019Da377, 385) were charged as the charge of occupational embezzlement.

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