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부산지방법원 2016.12.15 2016가합2171
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an investor and creditor of C Co., Ltd. (hereinafter “C”), and D Co., Ltd. (hereinafter “D”) is a company established to settle investors’ losses by taking over C’s affiliates and the assets owned by the above E and acquiring them, as E, was bound by the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). As the so-called “C situation” in which investors of C incurred losses from collecting investment amounting to KRW 228.4 billion, and investors of C suffered losses.

In addition, F Co., Ltd. (hereinafter “F”) is a company established around March 2001 by G, which was the representative director of D, and the Defendant is a director of D and F, who was in charge of all business, such as asset management and custody.

B. The Plaintiff filed a payment order (hereinafter “instant payment order”) with the purport that the Plaintiff shall pay the amount calculated at the rate of 48% per annum from February 1, 2000 to the date of full payment and the expenses for demand procedure (hereinafter “instant payment order”) with respect to KRW 51,00,000 and the Plaintiff shall be paid to the Plaintiff. The instant payment order was issued on November 1, 2001 and finalized on the 18th of the same month.

C. On March 16, 2012, the Defendant was sentenced to six years of imprisonment with prison labor for committing an offense of embezzlement of KRW 5,809,59,239, and KRW 239,000, by arbitrarily remitting or directly withdrawing cash or deposits from among the assets acquired by the victim D’s affiliate company or the above E, from among the assets acquired by the victim D’s affiliate company or the above E, to F’s deposit account.

Therefore, the Defendant appealed as Busan High Court Decision 2012No161, but was sentenced to the dismissal of the appeal on July 18, 2012, and the above judgment became final and conclusive by the Supreme Court on October 11, 2012 (2012Do9655).

(hereinafter “instant criminal judgment”) D.

On April 15, 2014, the Plaintiff’s claim for damages against the Defendant under Section C (hereinafter “instant damage claim”) by designating the title of the instant payment order as the execution title.

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