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1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from January 19, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. On December 2, 2009, the Defendant, in collusion with C, who is the former representative director of the Plaintiff Company, received KRW 350 million in return for the attempt to clean money by C, which he embezzled the Plaintiff Company’s funds, and received KRW 355 million in return. On February 25, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Regulation and Punishment of Concealment of Criminal Proceeds (Act No. 2010, 217).
B. On May 13, 2011, the Defendant and the Prosecutor appealed to the instant agreement and continued the appellate trial on the Daejeon High Court 201No122, and the Defendant prepared a written confirmation (Evidence A2) between the Plaintiff and the Plaintiff as follows.
(hereinafter “instant agreement”). The Defendant has a share of KRW 200 million in the trade name “E”, a club located in Gangnam-gu Seoul Metropolitan Government D.
In relation to the Daejeon High Court 201No122 case, if the plaintiff's side agrees on it, the defendant shall transfer 200 million won of shares in the above E business establishment to the plaintiff regardless of the outcome of the sentence of the above criminal case.
In addition, the defendant will make every effort to dispose of the E business place to a third party for the plaintiff.
In addition, as soon as the E business place is disposed of to a third party, the defendant recover the amount according to the defendant's share ratio for the plaintiff and immediately pay it to the plaintiff.
C. The Defendant agreed to the instant agreement and sent to Nonparty F a notice of assignment of claims that the Defendant transferred to the Plaintiff the share of KRW 200 million in the said E business place.
However, in the above criminal appellate judgment rendered on May 28, 2011, the sentence of imprisonment with prison labor for one year and six months was sentenced to the defendant, and the E business was not disposed of.
[Ground of recognition] Evidence Nos. 1 through 4, Eul evidence No. 1, witness G's testimony, the purport of the whole pleadings
2. The judgment of the defendant shall be made in consideration of money laundering by participating in money laundering of the former representative director C of the plaintiff company.