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(영문) 대구지방법원 2017.06.22 2016가합203586
양수금
Text

1. The Defendant’s KRW 26,500,000 as well as 5% per annum from October 15, 2015 to June 22, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On January 16, 2009, the Defendant is a person who became a principal of the said company from May 1, 2009 to April 30, 201.

B. Around June 2013, the Defendant was indicted for the crime of occupational embezzlement of the Daegu District Court Decision 2013Da3519 on the ground of the facts constituting “a corporate head of a company outside Korea, who used the said company’s funds at will while having been kept in custody for business purposes.”

On July 17, 2014, the above court rendered a judgment of conviction of one year of suspension of execution for six months of imprisonment, on the ground that the Defendant’s criminal facts against “103,447 bills (Korean Won approximately KRW 17,300,000) received as bonus for New Year’s Day and KRW 56,643 (Korean Won approximately KRW 9,26,50,000) received as salary for advance payment” were arbitrarily used as to “the total of KRW 160,090 (Korean Won KRW 2,650,000)” and embezzled for business, and the above judgment was finalized on March 10, 2016 as the Defendant’s appeal (Supreme Court Decision 2014No2723, supra) and the final appeal (Supreme Court Decision 2015Do11954) were dismissed.

C. On the other hand, around June 2015, the Defendant was indicted for an occupational breach of trust in the Daegu District Court No. 2015Da2749 on the ground of criminal facts stating that “Around June 2015, the Defendant was charged for the occupational breach of trust on the part of the non-party company, i.e., double payment of the price for the goods to D Co., Ltd., the customer of the non-party company, in breach

On March 17, 2016, the above court rendered a judgment of innocence to the defendant on March 17, 2016, and the above judgment was affirmed by the prosecutor's appeal (the above court 2016No1183) and became final and conclusive September 3, 2016.

The Plaintiff’s status as the Defendant;

C. On October 8, 2015, prior to the final and conclusive judgment on the criminal facts stated in each of the above paragraphs, around KRW 205,037,703 (=26,500,000 won 178,537,703) was transferred (hereinafter “transfer of claims”) by the non-party company’s total claim amounting to the Defendant due to the above occupational embezzlement and breach of trust against the Defendant, and the above company issued the notice of the said transfer of claims to the Defendant on the 13th of the same month.

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