채무부존재확인
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) paid KRW 10,003,912 to the Plaintiff (Counterclaim Defendant) and its related expenses from May 15, 2017 to May 30, 2017.
A principal lawsuit and a counterclaim shall be deemed as the same.
1. Basic facts
A. The status of the parties, etc. is the company that carries on the main water manufacturing business, and the Plaintiff is the person who served as the Defendant’s accounting from November 7, 2013 to April 30, 2017.
B. On March 30, 2017, the Plaintiff’s embezzlement 1) confirmed that there are a large number of details of transactions transfer of money from the Defendant’s account to the Plaintiff’s account from the Defendant’s name while confirming the Defendant’s financial details (hereinafter “instant tort”). The Plaintiff embezzled the Defendant’s funds (hereinafter “instant tort”).
(2) On April 14, 2017, the Plaintiff drafted a written statement (Evidence A 3-1) recognizing that the Defendant embezzled the Defendant’s funds, and, as shown below, completed the registration of creation of a mortgage over KRW 200 million with the maximum debt amount of each real estate owned by the Plaintiff and C as the mortgagee, the Plaintiff as the debtor, on each real estate owned by the Plaintiff and C.
(1) The Plaintiff, as indicated in the [Attachment] attached Form 474,073,049 won (hereinafter referred to as the “instant embezzlement money”) shall be 474,073,049 won (hereinafter referred to as the “instant embezzlement money”) in December 6, 2018, as indicated in the following: (a) Plaintiff 200 million won (hereinafter referred to as Defendant 1-3) for Da Apartment-gun, the mortgagee, the mortgagee, the debtor of the right to collateral security; (b) Defendant 200 million won (hereinafter referred to as “joint security”); and (c) Nonparty 3, 3, 3, 1000, G Apartment-gun, the Hanam-gun, the Hawon-gun, the Hawon-gun, the
(3) On September 24, 2019, the head of the Changwon District Court was indicted for the charge of embezzlement, etc., and was sentenced to three years of imprisonment upon conviction (No. 2018 Godan150). The Plaintiff appealed, but the head of the Changwon District Court was convicted on May 22, 2020 and sentenced two years and six months of imprisonment (No. 2019No2103). On April 17, 2018, the Supreme Court rendered a decision to dismiss the appeal by the Supreme Court and became final and conclusive. (C) Regarding the instant embezzlement, the Plaintiff paid KRW 101,890,867, and KRW 145,00,00 to the Defendant, respectively.
2. One parcel G apartment, non-F, and one parcel of land owned by the Plaintiff.