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(영문) 부산지방법원 동부지원 2018.10.31 2018가단3177
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C is a person who was an auditor of the E apartment reconstruction association located in Northern-gu, Busan from May 29, 2010 to May 29, 2014; the Plaintiff was the head of the business of F Co., Ltd. (hereinafter “F”); and the Defendant, as the head of the regional headquarters in Yong-Nam-nam of the G Co., Ltd. at the time, was in charge of taking orders for reconstruction projects.

B. On October 7, 2011, the Plaintiff heard from the Defendant that “F would be selected as a removal company of the said reconstruction project through the said C,” and granted KRW 50 million as expenses incurred in arranging the selection of the removal company.

C. On December 5, 2011, the Plaintiff: (a) delivered to the Defendant a confirmation document stating that “I would confirm that I would receive KRW 50 million from the Plaintiff to the advance payment for the E-reconsigning service contract” (hereinafter “the instant money”); (b) prepared and delivered a written confirmation document stating that I would receive KRW 50 million from the Plaintiff to the E-resigning service contract; and (c) delivered the instant money to C on the same day.

Plaintiff, Defendant, and C are above B.

paragraphs (c) and (c)

In the judgment of the Changwon District Court of the first instance on December 21, 2015, the defendant was sentenced to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and a fine of KRW 50 million (including crimes other than the above paragraphs (b) and (c) and (c) and two years of suspended execution (including crimes other than the above paragraphs (b) and (c) and (c) of imprisonment for a crime of bribery, etc., and the defendant was sentenced to one year of suspended execution (including the above paragraphs (b) and (b) and (c) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery), and the defendant was sentenced to one year of imprisonment for a violation of the Attorney-at-Law Act (b) and 3 (c) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the above judgment with respect to the plaintiff was finalized on December 29, 2015.

On June 15, 2016, the appellate court rendered a decision against the defendant in Busan High Court (original High Court).

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