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(영문) 부산고등법원 2018.02.01 2016나2932

청구이의

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1. Upon receiving a claim for a change in exchange from this court, the defendant shall pay to the plaintiff KRW 329,402,235.

Reasons

1. Basic facts

A. Circumstances 1) School Foundation D (hereinafter “D”)

[Attachment] E and five parcels (hereinafter “private teaching institute site”)

(A) the first instance court co-Plaintiff A (hereinafter referred to as “A”) has established and operated the F High School.

Around November 5, 2010, the Defendant received KRW 50 million from the Defendant in return for mediating the acceptance of D by means of purchasing the site of a private teaching institute from G. (2) In order to not accept D, A issued the following notes to the Defendant on October 30, 2012.

In addition, I have promised to allow C to be employed as a school staff member for the last two years while delaying the payment of money to be returned to C without any objection.

C It is true that I have continued to find a job at another workplace and therefore I would like to recognize the responsibility for another suffering incurred by C and to agree on the compensation with the amount of five million won.

The promise is to pay the money in the first half of 2013 jointly with his/her husband's wife B.

3) On December 4, 2014, A delivered a letter of payment (No. 5,00 won) to the Defendant on December 4, 2014, A was under criminal trial against C by committing a crime of forging a private document forgery of an attorney-at-law violation against C in the case 2014No616. The defendant is under the jurisdiction of C, who is the victim. There is a need for C’s non-application for punishment, which is the victim. The employment of C in the instant case is another impossible situation, and C’s family members suffered physical and mental harm. It is recognized that A and B’s family members were the agreement on the damage in this case and the amount was jointly and severally paid by April 15, 2015 to C by submitting the above amount of money to C by submitting it to the full bench prior to the pronouncement date of punishment to C prior to the pronouncement date of the principal.