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(영문) 서울서부지방법원 2019.05.02 2018나37844
대여금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Defendant, from March 1997, was serving as C University Digital E-electronics and professors holding concurrent posts (the same and assistant professors from March 2015). D Co., Ltd (hereinafter “D”) from around 2012 to May 2014.

(2) The Plaintiff, as a service business system developer, was registered as a partner company in the Cuniversity Industry Cooperation Foundation and performed research tasks, entered into a supply contract with D, and supplied parts for the development tasks performed by D.

B. The final and conclusive judgment of the relevant criminal case 1) was prosecuted by the Defendant on April 11, 2013 to January 3, 2014 by receiving KRW 150 million in total from the Plaintiff Company as loan money, and was sentenced to two years of suspended execution and 80 hours of community service order on March 16, 2017 (Seoul Western District Court 2015Dadan2936). The Defendant appealed the Defendant at the appellate court to the effect that he/she was convicted of the same sentence while destroying the first instance judgment after he/she tried to change the body of the Plaintiff from his/her representative G to the Plaintiff (the same court 2017No385). The Defendant appealed again, but the Defendant was sentenced to the Defendant’s final and conclusive judgment on June 12, 2018 to the effect that he/she would receive KRW 150,000 from the victim’s office on June 12, 2018 (the above judgment became final and conclusive on June 13, 2018, 2018.

However, in fact, the Defendant was willing to receive money from the system developer to directly consume personal debt repayment, and even if he borrowed money from the victim company, he did not have the intent to use it as notified.

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