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(영문) 울산지방법원 2018.01.17 2016가합1386
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 625,00,000 and each year from July 1, 2016 to January 17, 2018.

Reasons

1. Basic facts

A. The plaintiff A is the father of the defendant C. The plaintiff B is the mother of the defendant C. The defendant D is the wife of the defendant C. The father of the defendant C and the mother of the defendant C.

B. From February 15, 2007, from around February 10, 2010, the Plaintiffs appointed Defendant C as the head of the management office of the instant gas station and had Defendant C manage the instant gas station while operating the gas station located in Ulsan-gun, Ulsan-gun, Ulsan-gun, and the gas station located in Ulsan-gun (hereinafter “instant gas station”) from July 2, 2012.

C. On May 2015, the Plaintiffs purchased three parcels of land outside the size of 468m2 from Defendant C in Ulsan-gun, Ulsan-gun, Ulsan-gun, and sought opinions from Defendant C that they would operate a Nriju station on the said land. The Plaintiffs were aware of how the funds for the purchase of the said land and the gas station were raised.

Accordingly, the Plaintiffs requested the accounting director to audit the accounts of the instant gas station. D.

As a result of the audit of the account of the instant gas station, the Plaintiffs discovered the fact that the amount of approximately KRW 2.6 billion was deposited in cash from the account of the instant gas station to the account under the name of the Defendants or his father E, while Defendant C served as the head of the management office of the instant gas station, or that the amount was transferred to the Defendants or Defendant C’s father E.

E. As above, the Plaintiffs discovered the circumstances suspected that Defendant C embezzled the instant gas station fund, and confirmed that Defendant C entered the Defendants with “2.6 billion won.”

However, it is the same that an excessive investigation has been conducted. Accordingly, the remaining KRW 1.6 billion, except for KRW 1.6 billion, has changed to KRW 1.6 billion, and the Defendants demanded that Defendant C pay KRW 1.1 billion under the pretext of agreement on embezzlement of funds of the instant gas station.

F. The Plaintiffs.

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