logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.11.09 2017가합103519
손해배상(기)
Text

1. The plaintiff G's lawsuit against the defendant AE shall be dismissed.

2. Defendant AF and H jointly share the Plaintiff G, Defendant AE, AF, and H.

Reasons

1. Facts of recognition;

A. On August 7, 2015, Defendant AE established an AI, a company engaging in coffee franchise business, etc. (hereinafter “Nonindicted Company”), and controlled the overall affairs as the president of the Nonparty Company.

Defendant AF was the wife of Defendant AE and the director of the non-party company, and Defendant AF was the head of the non-party company.

B. Meanwhile, Defendant AG, the wife of Defendant AE, was registered as the representative director of Nonparty A company from the time of incorporation of Nonparty AE to October 2, 2015, and as the in-house director from November 18, 2015.

C. Defendant AE, AF, and AH (hereinafter collectively referred to as “Defendant AE, etc.”) were convicted on November 1, 2016 by the Seoul Central District Court (Seoul Central District Court 2016Ma2841) on the grounds of the criminal facts, such as fraud, etc. that: (a) the victims including the Plaintiffs were induced, and were given approximately KRW 7.4 billion money from the victims to October 15, 2015; and (b) the Defendant AE, AF, and AH (hereinafter referred to as “Defendant AE, etc.”) were convicted on each of the charges of fraud, etc. that were committed by the victims.

The part of the above judgment against Defendant AF is finalized, and the part against Defendants AE and AH was finalized on February 9, 2017 after all appeals by the Defendants and the Prosecutor (Seoul Central District Court 2016No4756) were dismissed. D.

The amount of damage suffered by the plaintiffs recognized in the above criminal judgment is the amount corresponding to the plaintiffs stated in the attached amount.

[Ground] Defendant AE, AF: Confession (Article 150(3) of the Civil Procedure Act), Defendant AG, and H: Each of the descriptions of evidence Nos. 1 through 4, and the purport of the whole pleadings

2. We examine ex officio the legitimacy of the Plaintiff G’s lawsuit against Defendant AE.

Article 34 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings has the same effect as an executory civil judgment with respect to compulsory execution under the Civil Execution Act, and a compensation order under this Act has become final and conclusive.

arrow