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(영문) 수원지방법원안양지원 2017.06.09 2016가합100183
청구이의
Text

1. The payment order issued on December 30, 2014 for the loan case 2014 tea 4491 rendered by the Suwon District Court against the Defendants’ D.

Reasons

1. Basic facts

A. On December 17, 2014, the Defendants filed an application with Defendant B for a payment order by asserting the loan claim amounting to KRW 600,000,000 with Defendant C, and KRW 300,000,000 with Defendant C. On December 30, 2014, the payment order was issued on December 30, 2014, and the payment order was finalized on January 20, 2015.

(Y) An order for the instant payment is issued (hereinafter referred to as the "order for the instant payment"), which is located in the Republic of Korea District Court, 2014 tea491.

On June 11, 2015, the Defendants received an order of seizure of 551,661 shares of E Co., Ltd., which were held in D’s borrowed stock account on June 11, 2015 upon the original copy of the instant payment order (Sagu District Court Branch Branch Decision 2015TTTT2374), and issued a sale order on August 13, 2015 (Sa Daegu District Court Branch Branch Decision 2015TT2930), and the distribution procedure is underway for KRW 89,729,394, excluding current expenses.

(F) Daegu District Court Port Support Fund (F)

D As an employee of the Plaintiff, from June 27, 2013 to December 24, 2013, D embezzled KRW 501,200,000 of the Plaintiff’s money, and KRW 2,648,376,540 of the check money on December 31, 2013, and withdrawn KRW 1,860,000 of the embezzled money in cash and concealed it to the Defendant B.

D was convicted on April 17, 2015 of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment, which became final and conclusive on July 17, 2015.

(Seoul Central District Court 2014Gohap1435, Seoul High Court 2015No1307) d.

The plaintiff filed a lawsuit seeking compensation for damages against the plaintiff, asserting that D has committed a tort due to embezzlement, and that the defendant B participated in the concealment and preservation of criminal proceeds and committed a joint tort.

On April 22, 2016, the court of the first instance sentenced the Plaintiff to pay Defendant D’s KRW 2,751,576,540 and damages for delay thereof, and Defendant B jointly with D to pay KRW 1,860,000 out of the said money, and damages for delay thereof. The judgment became final and conclusive on May 12, 2016.

(Seoul Central District Court 2014Gahap595343). e.

D. . ...

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