beta
(영문) 광주지방법원 2016.01.08 2013가합7389

손해배상(기) 등

Text

1. Defendant B, C, and D jointly share KRW 40,00,000 with respect to the Plaintiff and Defendant C with respect thereto from March 4, 2014, and Defendant C.

Reasons

1. Basic facts

A. From September 2009, Defendant B leased (hereinafter “instant lease agreement”) the 1,278 square meters of the first floor of the G-organization hall located on the land outside the Seo-gu, Seo-gu, Gwangju (hereinafter “instant building”) from the F organization and operated the H with the trade name “H”.

Defendant C is the mother of Defendant B (Defendant B’s mother), who is Defendant C’s wife, and Defendant D was in de facto marital relationship with Defendant C.

The plaintiff is a person who has overall control over the lease and management of the above Gwangju Center while working as the secretary-general of the F organization Gwangju District Office.

B. The I embezzled KRW 687,988,829, which was kept in business for J in total 325 times from April 2009 to November 27, 2009, by using the money collected from the business partner while engaging in the business of remitting public funds to the business division of the J Co., Ltd. (hereinafter “J”).

C. Upon the issue of embezzlement of I, Defendant B, C, and D agreed to jointly and severally compensate for the amount of embezzlement of KRW 687,988,829 against J on December 3, 2009, and the J filed a lawsuit claiming damages (Seoul Central District Court 2010Ga14150) against I, Defendant B, C, and D on February 10, 2010.

On October 29, 2010, the Seoul Central District Court rendered a decision in lieu of conciliation that “Defendant B, C, and D shall be paid in installments in KRW 687,98,829, jointly with I, and severally with J.” This was finalized on November 19, 2010.

On April 7, 2011, the J applied for the attachment and collection order (Seoul District Court 201TTTTT No. 2011TTTT) against the claim to return the lease deposit in relation to the instant building owned by Defendant B against the F organization on April 7, 201. The above decision was served on the F organization on April 11, 201.

E. The J is based on the above order of seizure and collection, and against F Organizations, Seoul Central District Court.