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(영문) 춘천지방법원 강릉지원 2018.07.03 2017나31781
추심금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. On February 27, 2017, the Plaintiff’s credit against the Plaintiff’s school juristic person C (hereinafter “C”) filed an order to pay wages with the Chuncheon District Court Decision 2017Ra61 (hereinafter “Seoul”) with the Chuncheon District Court 2017Da61 (hereinafter “Seoul”), and upon receiving a payment order from the above court, “C shall pay to the Plaintiff the amount of KRW 167,735,090 with interest calculated at the rate of 20% per annum from February 9, 2017 to the date of full payment,” and the said payment order was finalized on March 15, 2017.

(hereinafter “instant payment order”). B.

The Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) against C’s damage claim against C by using the claim amount as KRW 172,192,443, which was based on the Plaintiff’s order for the seizure and collection of the instant case’s payment order, as the amount of claim KRW 172,192,443, which was issued by Gangseo District Court Branch Branch Branch Office 2017, and the Defendant was served on April 5, 2017.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, and 4, the purport of the whole pleading

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is that the Defendant, while serving as the chief director of C, commits occupational breach of trust and bears the liability for damages amounting to C in the amount of KRW 179,128,729.

Since the Plaintiff received the instant seizure and collection order against the Defendant’s damage claim against the Defendant, the Defendant is obligated to pay KRW 172,192,443, the amount claimed, to the Plaintiff, the collection right holder.

B. The following facts are acknowledged in full view of the evidence Nos. 2, 3-1 through 5, and 8 of the evidence Nos. 3-8, and the purport of the entire pleadings in relation to C’s damage claim (a) against the Defendant.

① The former president of the D University, who is a affiliated university of C, embezzled public funds, and deposited funds into the passbook F, which is the same student of E.

2. C on the ground that F, in collusion with E, embezzled C’s public funds.

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