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(영문) 대전지방법원 천안지원 2014.05.14 2013고합170
업무상배임등
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is as follows: (a) Defendant A, from May 31, 201 to November 24, 201, worked as the representative director of the State I (hereinafter “victim Company”) actually operated by H; (b) took overall control of the management of the said Company; and (c) Defendant A, on or around August 30, 2010, took overall charge of the management of the construction site of the “K Sports Center” and the performance of related litigation, which was in the process of acquiring the owner’s name and promoting the business.

Meanwhile, the aforementioned “K Sports Center” purchased a new site on or around July 2005, and started a new project. However, around August 2008, the site for the instant real estate trust, which is a trust company, was disposed of by public auction. On or around August 2, 2010, the victim company decided to purchase the said site by private contract at KRW 12.571 billion, but it was impossible to pay the remainder of the contract deposit at KRW 1.26 billion, and the said private contract was terminated on or around October 2010 (the full amount of the contract), and (i) the non-real estate trust was again conducted a public sale of the said site on or around October 26, 2010, and (ii) the victim company and the owner of the instant real estate acquired the ownership of the said site under the name of the owner of the said M&14 (hereinafter referred to as “the owner of the instant building”). As a result, Defendant 2 and the owner of the instant M&14 (hereinafter referred to as “M-14”).

【Defendant A” is the representative director of the victim company, and the victim company is entitled to a final judgment in the above lawsuit.

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