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(영문) 서울고등법원 2017.11.01 2017나2019881
합의금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The status of the parties (1) (G) began with Defendant B on February 2002 and had a relationship between January 2008. During the teaching period, Defendant B was delegated by the Plaintiff to manage and dispose of various properties, including the Plaintiff’s real estate.

(2) Defendant C Co., Ltd. (hereinafter “Defendant C”) is the representative director of Defendant F, and Defendant D Co., Ltd. (hereinafter “Defendant D”) and Defendant E Co., Ltd. (hereinafter “Defendant E”) are the representative director of Defendant B. In fact, Defendant B operated and managed the above three companies (hereinafter “Defendant Co., Ltd.”).

B. The process of the conclusion of the instant agreement and its contents (1) around February 2008, the Plaintiff: (a) obtained a decision to take a preservative measure, such as provisional attachment and provisional disposition, from Defendant B and Defendant C, on May 6, 2008, on the grounds that Defendant B acquired a total of KRW 7,000,000 from the Plaintiff for business funds or investment funds; and (b) embezzled a total of KRW 10,192,500,000,000,000 from the Plaintiff’s real estate sales price owned by the Plaintiff; and (c) obtained a decision to take a preservative measure against

(2) As to this, Defendant B filed a lawsuit on the provisional attachment, provisional injunction, and its merits against the Plaintiff, alleging that it was a claim of KRW 2.2 billion against the Plaintiff.

(3) While the Plaintiff, Defendant B, and the relevant parties continued a number of civil and criminal cases as above, the Plaintiff and Defendant B agreed on May 14, 2009 (hereinafter “instant agreement”), and the Defendant Company jointly and severally guaranteed the obligations owed by Defendant B pursuant to the instant agreement.

Defendant B (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “A”) of the Agreement agree on the basis of mutual trust as follows. Article 1(Purpose of the Agreement) “A” and “B” are in the process of civil and criminal cases in relation to monetary transactions, etc.

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