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(영문) 의정부지방법원 2014.12.19 2014나50594
약정금
Text

1. Of the judgment of the first instance court, KRW 2,00,000 against each of the plaintiffs against the defendant and its related thereto from August 30, 2013 to September 2014.

Reasons

1. Facts of recognition;

A. The Plaintiffs are the persons operating a sports center in the trade name of “D insignia”, and the Defendant is a person operating a sports center in the trade name of “F from around April 2012 to July 2012, 10 to the 10th floor of the building located in the Goyang-dong-gu, Goyang-si.”

B. The Plaintiffs filed a complaint against the Defendant as a crime of occupational embezzlement on the ground that “The Defendant voluntarily consumed approximately KRW 56,500,000, while he received and managed personal racing expenses from members of the DNA Sports Center from May 1, 2012 to July 30, 2012” around the time when the Defendant was taking charge of the personal racing (PT) of the DNA sports center.

C. Around January 2013, the Defendant drafted a written agreement with the Plaintiffs (hereinafter “instant agreement”) with the following content.

The agreed amount shall be KRW 4,500,000,000, for the amount settled in May, June, and July of the Agreement.

[D] The 4,500,000 won, among the terms and conditions of the agreement on the embezzlement of FT and the withdrawal of the complaint for breach of trust, shall be deposited until February 28, 2013 (additionally possible). The distribution of F Sports Center shares in the Dong-dong E-gu, Yongsan-gu, Busan-gu, Gyeonggi-do, would be distributed to D F Sports Center shares by 20%.

The Plaintiffs (i.e., Lao00 Investment), and Plaintiff B, the dividends, adjusts the value of interior cost and machinery.

[Provided, That the case of complaint shall be withdrawn before full completion]. 20% of dividends, and the settlement of dividends shall be the 10th of the following month.

(Provided, however, the enemy does not assume responsibility for the plaintiffs. The dividends are paid from March 10, 2013.

On the other hand, the case of occupational embezzlement against the defendant was issued on February 18, 2013 when there was no suspicion (incompetence of evidence).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiffs' assertion 1 as to the cause of the claim is 4,500 won out of 56,500,000 won that the defendant embezzled against the plaintiffs.

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