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(영문) 서울중앙지방법원 2014.03.28 2013고합876 (1)
배임증재
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. When the summary of the facts charged is as follows: (a) KK and (b) K construction for the new construction of J collective housing is to newly build and sell four apartment units on the 34th ground floor above the 1st underground floor (hereinafter “instant apartment units”); (b) Defendant B and C were to serve as a joint representative director of K from August 7, 2009 to January 10, 201; and (c) Defendant L were to serve as a director; and (d) Defendant A was to serve as the head of Si Construction EM at the time of September 2009.

around September 2009, the sales rate was low due to the deterioration of construction games, and (ju) K continued to be s construction (main contractor) due to interference with sales affairs, etc., and the redemption of PF loans was not proper.

Therefore, in the case of KS Construction (State), it was possible to request KS to reduce the sale conditions and to adjust the sale price discount in accordance with Article 19, Paragraph 8 of the business agreement concluded with KS.

Defendant A, taking into account the above circumstances, at the time of the representative director, demanded the above parts to Defendant C, B, and (State) to Defendant L, who was the actual operator of the K.

On the other hand, if the apartment and commercial buildings are sold at a discount of 40 to 70% due to the fact that the (ju) K had already spent a large amount of expenses due to the prop work, the payment of PF loans, etc., the (ju) K could not bring about almost the profit from the project.

Defendant

C, B, and L have a duty to deal with the affairs for the interest of K as a person who is in charge of the affairs of K.

Nevertheless, in violation of the above duties, Defendant C, B, and L agree with Defendant A to cooperate in the normalization of the business, and to sell at a discount as required by KS Construction (State), Defendant A, subject to that condition, changed the 11 debentures of this commercial building to KRW 250 million (market price of KRW 1.2 billion).

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