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(영문) 서울북부지방법원 2016.09.06 2014가단135132
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The network A (hereinafter “the network”) operated the Music Institute (hereinafter “the instant private teaching institute”) with the trade name “G” in the F Building in Seoul Special Metropolitan City, Nowon-gu, and the Defendants were engaged in counseling for private teaching institutes students and receiving expenses from October 2011 to January 25, 2012.

B. On November 20, 2014, the Defendants were indicted by Seoul Northern District Court Decision 2014Da1565, and planned to use part of the institute fees by embezzlement from each of the private teaching institutes in order to use the existing debts for repayment, etc., and then on November 10, 2011, at the office of the above private teaching institute, the Defendants were sentenced to a suspended sentence of imprisonment with prison labor for up to 250,000 won from each of the above private teaching institutes, and did not keep cash receipts, and did not enter them in the daily settlement table for the victims. The Defendants embezzled KRW 12,450,000 for a total sum of 49 times from that time until January 22, 2012.

C. The Defendants deposited KRW 12,450,000 as the embezzled money indicated in the criminal facts in the above criminal trial.

On the other hand, the Deceased brought the instant lawsuit against the Defendants, and died on October 2, 2015, and the Plaintiffs taken over the instant legal proceedings as the children of each deceased.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion Defendants conspired to receive private teaching institute fees in cash from private teaching institutes and then receive credit cards, deposits in passbook, and other receipts.

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