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(영문) 인천지방법원부천지원 2015.11.11 2014가합9471

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties and relevant C are those who were in charge of business, accounting, interpretation, etc. as the director of the Plaintiff’s overseas works team division from November 2010 to November 2012, and D are those who were in charge of C, and the Defendant is the mother of the aforementioned D.

B. C’s criminal punishment 1) On October 4, 2012, C entered into a construction work subcontract agreement with a local building company located in the Madora, and received 2,750,000,000 Swiss Franc as an advance payment, and (125,00,000,000 Swiss Franc from BGFI Bank for the Plaintiff for his/her personal use (an amount equivalent to approximately 250,00,000,000 won) during the course of his/her business custody, C’s withdrawal from the 125,000,000 Swiss Franc (an amount equivalent to KRW 250,000) from August 1, 201 to November 12, 2012, C’s final judgment of 201, 37,000,000 won (Seoul High Court’s 3,65,680,000 won) and embezzled money for the above personal use (hereinafter referred to as “Seoul 214161,2614,27).

C. The Defendant’s real estate acquisition 1) The Defendant, who was the mother of C, on August 23, 2013, was the F apartment No. 115 and 705 (hereinafter “instant real estate”).

(2) The Defendant: (a) purchased the purchase price of KRW 228,00,000; (b) paid the down payment of KRW 20,000,000 on the date of the contract; and (c) concluded a sales contract to pay the remainder of KRW 208,00,000 on September 30, 2013. (b) The Defendant paid KRW 20,000,000 to E in total on two occasions on August 22, 2013 and August 23, 2013; and (c) paid the remainder of KRW 208,00,000 on September 30, 2013, and completed the registration of ownership transfer in the instant real estate thereafter.

[Based on recognition] Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 10, and 11 (each number is included; hereinafter the same shall apply) and the purport of the whole pleadings.