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(영문) 의정부지방법원고양지원 2017.12.22 2017가합73894
근저당권말소
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’s crime 1) From December 1, 2010 to May 30, 2014, C engaged in the management of funds and accounts at the Plaintiff Company. 2) On January 10, 2011, C embezzled KRW 2.5 million in the Plaintiff’s name bank 100,37056 from the Plaintiff’s office to the Plaintiff’s bank Da, and then used it as living expenses, etc. around that time. From January 10, 2011 to April 25, 2014, C embezzled 372,71,572 won in total as the Plaintiff’s funds kept for the Plaintiff for 44 times in total.

(3) Although there was a duty to use the Plaintiff’s funds for the purpose of the company, C, on July 20, 201, purchased goods regardless of the Plaintiff’s business, and settled the price of 1.290,000 won by using a non-credit card of an enterprise bank in the name of the Plaintiff, an enterprise bank in the name of the Plaintiff, and obtained economic benefits equivalent to KRW 1.290,000 from December 15, 201 to June 23, 2014, by paying the Plaintiff with the Plaintiff’s corporate card (hereinafter “instant occupational embezzlement”). The Plaintiff acquired economic benefits of KRW 106,219,721 in total by settling the expenses equivalent to the amount of the Plaintiff’s personal expenses on a total of 1,576 occasions from December 15, 2010 to June 23, 2014, and suffered damages equivalent to the same amount (hereinafter “instant occupational breach of trust”).

4) As to the above criminal facts (hereinafter “instant criminal acts”), C was sentenced to two years of imprisonment in the appellate court.

(1) The first instance court: Mayang Branch of the District Court 2015 Goyang Branch of the District Court 2015 Godan3313, appellate court: the District Court 2016No193, hereinafter referred to as "relevant criminal case"). (b)

Attached Form

C. On December 16, 2011, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate on December 16, 201. (2) On January 7, 2016, the Plaintiff was the High Government Branch of the District Court on January 7, 2016.

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