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(영문) 대전지방법원 2015.10.07 2013가합104954
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. All of the Plaintiff’s claims against the remaining Defendants.

Reasons

1. Defendant B served as the director of the Plaintiff’s accounting division from August 10, 201 to March 20, 2013, while engaging in accounting and accounting work.

However, around November 22, 2012, Defendant B arbitrarily withdrawn and used KRW 20,000,000 from the new bank account in the name of the Plaintiff, and embezzled from that time to March 14, 2013, the sum of KRW 1,948,374,190 from the corporate account in the name of the Plaintiff, which was kept in the business for 15 times until March 14, 2013.

[Ground of recognition] The fact that there is no dispute, Gap evidence 8, Eul evidence 2 and 3, the purport of whole pleading

2. Defendant B’s main defense of safety had agreed with the Plaintiff to bring an action against the Defendant B, and thus, the Plaintiff’s lawsuit against the Defendant B is unlawful.

According to the evidence No. 1, Defendant B received an investigation into embezzlement as seen earlier, and on April 22, 2013, the Plaintiff agreed with the Plaintiff on April 22, 2013 that “I will not impose any civil or criminal responsibility on the Defendant B after the Plaintiff.” Thus, Defendant B agreed with the Plaintiff to bring an action against the Plaintiff regarding the instant case.

As to this, the Plaintiff asserted that the above agreement is null and void because Defendant B knew of the imminent situation of the Plaintiff’s insolvency and intended to use it. However, there is no evidence to prove that the Plaintiff was in an imminent situation at the time or there was an intention to use it with the knowledge of it. Therefore, the Plaintiff’s above assertion is without merit.

Ultimately, the plaintiff's lawsuit against the defendant B is illegal because there is no benefit of the lawsuit according to the above non-litigation agreement.

3. The Plaintiff’s remaining Defendants (hereinafter “Defendant’s family members”)’ claim is determined, and the Defendant’s family members retain criminal proceeds from the above embezzlement.

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