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(영문) 부산지방법원 2018.11.23 2017가단327214
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and Defendant B were finally sentenced to imprisonment with prison labor for 6 years, and Defendant B was sentenced to a conviction of 3 years of imprisonment with prison labor due to the following criminal acts (hereinafter “instant criminal acts”), such as evidence of breach of trust, acceptance of property in breach of trust, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud),

(Ulsan District Court Decision 2009Gohap179, Busan High Court Decision 2010No181, Supreme Court Decision 2010Do10802)) The Plaintiff and Defendant B’s relationship between the Plaintiff and Defendant B are new apartment construction works in Ulsan-gun E (hereinafter “instant new apartment construction works”).

(D) the State in force (hereinafter referred to as “F”);

Defendant B was the representative director, and Defendant B was from the end of 2005 to February 2008 (hereinafter “G”).

(2) The Plaintiff offered KRW 30 million to Defendant B, who was in charge of the receipt of the instant apartment construction project, after examining the feasibility of the project and examining whether the director of the three team in charge of the development project, and after obtaining approval from G’s management on whether the project is ordered to receive the project, the Plaintiff was in charge of the project. (2) The Plaintiff, who was in charge of the receipt of the Plaintiff’s breach of trust, on May 4, 2007, provided that the Plaintiff provided the Defendant B, who was in charge of the receipt of the project, etc. of the instant apartment construction project, to the head of the three team in charge of the three team division in the development project, participated in the construction of the instant apartment construction project in order to resolve the issue of the repayment of the Defendant B’s debt to the F’s I (hereinafter “I”)’s I bank account.

The Plaintiff, including that, from that time until May 18, 2007, made an illegal solicitation to the Defendant B to the effect that G participated in the new construction works of the instant apartment, and that G will take over the F’s obligation of loans worth KRW 30 billion to F, and provided it five times in total.

3. Defendant B’s breach of trust by Defendant B shall be Seoul around May 4, 2007.

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