beta
(영문) 서울고등법원 2019.05.23 2018나2074380

청구이의

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The parties’ relationship 1) E Co., Ltd. (hereinafter “E”).

2) The F building in Ansan-si (hereinafter referred to as the “instant building”) shall be

(2) The Plaintiff was the E’s representative director from March 31, 2008 to June 12, 2017, the Defendants are the shareholders of E, and Defendant B is the only internal director of E at present.

B. On November 2016, the Defendants filed a complaint against the Plaintiff as a crime of occupational embezzlement. 2) On June 29, 2017, with respect to the instant accusation case, the Plaintiff and the Defendants drafted a notarized notary public’s joint office No. 747 (Quasi-Loan for Consumption) agreement (hereinafter “instant authentic deed”) in 2017, as follows.

On June 29, 2017, the Plaintiff approved the Defendants that they bear the obligation to reach an agreement in criminal cases of heading 2016-type 62978 of the District Prosecutors' Office within the jurisdiction of the District Prosecutors' Office of 350,000,000 as of June 29, 2017, and offered the Defendants to repay in accordance with the following provisions by borrowing it.

Article 2 (Period and Method of Payment) The amount of the said debt shall be repaid in installments over three occasions on July 20, 2017, including KRW 150 million, KRW 50 million on August 20, 2017, KRW 50 million on August 20, 2017, and KRW 150 million on September 20, 2017.

3) The Plaintiff and the Defendants shall agree with the following terms and conditions on the same day (hereinafter referred to as “instant agreement rejection”).

was drawn up.

Written Consent of Agreement

1. The Plaintiff shall resign from office as the representative director and director of E on June 12, 2017.

2. The plaintiff shall pay a total of KRW 200 million to E by the following deadline.

By July 20, 2017, KRW 150 million shall be paid by July 20, 2017.

(b) 50 million won shall be paid by August 20, 2017.

3. The Plaintiff shall accept management expenses claimed by February 2017, within the limit of KRW 150,000,000, among management expenses borne by E.

4.With respect to paragraph 3,