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(영문) 서울고등법원 2019.01.24 2018나2019512
합의금
Text

1. Of the judgment of the court of first instance, among Defendant B, C, D, and E, orders the following payment.

Reasons

1. Basic facts

A. 1) The Plaintiff (former: G) was related to the Defendant B from February 2002 to January 2008, and the Defendant B was delegated the management and disposal of various properties including real estate from the Plaintiff during the course of the teaching process with the Plaintiff and carried out its duties. The Defendant F is the representative director of the Defendant C Co., Ltd. (hereinafter “Defendant C”); Defendant B is the representative director of the Defendant D and the Defendant E Co., Ltd.; Defendant B is the representative director of the said three companies (hereinafter “Defendant Co., Ltd.”) and the said three companies are practically managed and operated by the Defendant B.

B. On February 2008, the Plaintiff conspired with Defendant B on May 6, 2008, and on May 6, 2008, the Plaintiff acquired a total of KRW 7,000,000 from the Plaintiff as business funds or investment funds, and embezzled KRW 10,192,500,000,000 from the Plaintiff’s real estate sales price owned by the Plaintiff, and filed a criminal complaint against Defendant B, while receiving a decision to take a preservative measure such as provisional attachment, provisional disposition, and provisional disposition on the real estate owned by Defendant B and Defendant C. 2 against the Plaintiff, by asserting that Defendant B had a claim of KRW 2.2 billion against the Plaintiff, the Plaintiff filed a lawsuit for provisional attachment, provisional disposition, and principal lawsuit against the Plaintiff’s property.

Defendant B (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) of the Agreement agree on the basis of mutual trust as follows. Article 1(Purpose of the Agreement) “A” and “B” are underway civil and criminal matters in connection with monetary transactions, etc., but they intend to ultimately resolve civil and criminal matters by mutual agreement.

A. The implementation items (1) of “A” (hereinafter “A”) shall sell real estate located in “B” or in Gyeonggi-gun, Gyeonggi-gun, the name of Defendant C (hereinafter “HH land”) by December 31, 2010, and shall repay the financial rights liabilities of the following paragraphs with the proceeds from the sale thereof, and if the proceeds from the sale thereof remain in excess of the financial rights liabilities of the following paragraphs:

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