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(영문) 서울중앙지방법원 2017.03.30 2016가합3350

합의금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. A. A. The Plaintiff (a) started with Defendant B on February 2002, and continued with Defendant B until January 2008. During the teaching period, Defendant C Co., Ltd. (hereinafter “Defendant C”) was the representative director of Defendant F, Defendant D Co., Ltd. (hereinafter “Defendant D”) and Defendant E Co., Ltd. (hereinafter “Defendant E”), and practically operated and managed the said three companies.

B. On February 2008, the Plaintiff filed a criminal complaint against Defendant B on May 6, 2008 on the grounds that he/she acquired a total of KRW 7,000,000 from the Plaintiff as business funds or investment funds, and embezzled a total of KRW 10,192,500,000,000 from the Plaintiff’s real estate sales price owned by the Plaintiff. In addition, the Plaintiff filed a lawsuit against Defendant B and Defendant C on the ground that he/she filed an application for provisional seizure against the Plaintiff for provisional seizure against each of the real estate, provisional injunction against disposal of real estate, provisional seizure against claims, etc., and filed a lawsuit on the merits thereof. 2) The Plaintiff and Defendant B agreed on May 14, 2009 with the following contents, while a large number of civil and criminal cases were pending.

(hereinafter referred to as “instant agreement”). Defendant B (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) of the Agreement agree on the basis of mutual trust as follows. Article 1 (Purpose of Agreement) “A” and “B” are ongoing in civil and criminal cases in connection with monetary transactions, etc., but they intend to ultimately resolve civil and criminal matters by mutual agreement.

(a) The implementation items (1) “A” in the name of “B” until December 31, 2010, refers to the instant real estate (hereinafter “instant real estate”) located in the name of “A” in the name of “A” and “C” in the name of “C” of the Gyeonggi-si, Gyeonggi-do.