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(영문) 대전지방법원 2017.08.17 2017나689
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Around April 1999, the Plaintiff established a company called “S” and changed its trade name to “T Co., Ltd.” (hereinafter “T”) on or around October 1999. Around February 2001, the Plaintiff collected shares of “C” (hereinafter “C”) of “S Co., Ltd.” and was appointed as the representative director around that time.

D was elected as F candidate for E on August 19, 2007. D, as seen above, established “U” with the Plaintiff on February 2, 2000, prior to election as F candidate, and was appointed as a representative director jointly with the Plaintiff. On February 2001, 2001, D established “V stock company” with the Plaintiff and jointly assumed office as the representative director.

The Defendant was appointed as K (hereinafter referred to as "K") after the Defendant was elected as a candidate for the F of the E Party.

On October 201, 2001, the plaintiff filed a complaint against the plaintiff and D, etc. on the charge of fraud. On December 6, 2001, the plaintiff was arrested to the prosecutor's office on December 6, 2001 and was released by agreement with the complainant, and the plaintiff escaped to the United States on December 20, 201.

Accordingly, the prosecution suspended prosecution against the plaintiff, and the Ministry of Justice requested the U.S. authority to extradite the plaintiff on January 2004.

After that, although the plaintiff was arrested by the U.S. authorities around May 2005, the plaintiff filed a petition for personal protection and did not be repatriated to the Republic of Korea. However, since February 2007, the suspicion that D was related to the plaintiff's stock price manipulation and embezzlement, it was filed in the political right, and such suspicion was reported to the press.

On this issue, the plaintiff argued that D is the actual owner of T, and the political and media have a great interest in the plaintiff's above argument.

On October 2007, 2007, after D was elected as a candidate for EF, the Plaintiff voluntarily withdrawn a petition for personal protection from the U.S. authority and expressed his intent to be repatriated to the Republic of Korea. On November 16, 2007, the Plaintiff was repatriated to the Republic of Korea.

Accordingly, the Plaintiff.

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