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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from January 17, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. Party status 1) The Plaintiff is a company whose business purpose is the civil engineering construction business (the Plaintiff’s trade name was changed from “Stock Company C” to “Stock Company D” on April 3, 2012, and was changed to “Stock Company A” on July 4, 2016.
(2) The Defendant is a person who has moved in the president of the E apartment shopping mall association (hereinafter “instant association”) from January 2007 to December 2014.
The instant association was established to promote the new apartment construction project by cutting out multi-family housing sites from the Korea Land and Housing Corporation (LH Corporation), as an original residents association (dive residents) under the development of Sejong Special Self-Governing City.
B. On March 21, 2012, the Plaintiff entered into a joint agreement with the Defendant, the representative of the instant association, stating that “The instant association shall secure sufficient number of members with right to purchase the leased housing site in order to be supplied with the apartment site from LH Corporation, and the Plaintiff shall provide all the expenses necessary for the enforcement of the agreement, such as the purchase cost of the apartment site, the association operation cost, etc.” (hereinafter “instant agreement”).
(2) The Plaintiff paid the operating expenses, etc. of the partnership to the Defendant pursuant to the above agreement, and the Defendant has been provided with and managed the said money through his personal account.
C. A related criminal case 1) The Plaintiff filed a complaint against the Defendant on suspicion that he/she embezzled the above operating expenses at his/her discretion. The Defendant filed a complaint against the Defendant on December 26, 2016 as follows: (a) the Defendant (the Defendant in the instant case; hereinafter the same shall apply) on December 26, 2016 as the court below’s order 20
around March 21, 2013, the victim company (the plaintiff in this case; hereinafter the same shall apply) who is a joint proprietor of the partnership.
(B) From the perspective of the request for purchase of a resettled housing site to secure the number of members of the association (tentatively referred to as “long-term care area”) and the request for purchase of the housing site (tentatively referred to as “long-term care area”) was embezzled by voluntarily consuming the purchase deposit amount of KRW 50 million through the bank account of the State F, while keeping it for business purposes.
2. The Defendant: (a) around April 2013.