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(영문) 의정부지방법원고양지원 2019.10.11 2018가합75187
손해배상(기)
Text

1. The part of the main claim of the Plaintiff (Counterclaim Defendant) shall be dismissed.

2. Defendant B and Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established around May 2, 1998 and engaged in construction business, construction equipment leasing business, real estate sale and lease business, etc., and the Plaintiff was discharged from office as representative director on March 24, 2016 when he/she was in office as representative director of the Defendant Co., Ltd., and Defendant B was in office as representative director of the Defendant Co., Ltd.

(A) Evidence 2. (b)

Around April 2016, the Defendant Company filed a complaint against the Defendant Company on charges of occupational breach of trust, etc. (hereinafter “violation of trust on the part of the Republic of Korea’s real estate”), stating that “Around March 8, 2010, the Plaintiff purchased overseas real estate located in the Republic of Korea, and remitted approximately KRW 500 million from the bank account of the Defendant Company to a foreign country, but did not transfer the ownership of the said real estate until now, and that there was no profit from the lease, etc., and thereby, incurred a loss equivalent to KRW 500 million to the Defendant Company.” On December 26, 2016, the Plaintiff was subject to a non-prosecution disposition (suspension of witness) on the ground that “the identity of the witness who participated in the process of purchasing overseas real estate located in

(1,3) No. 1 of this title;

As above, the Defendant Company filed a complaint against the Plaintiff on charges of occupational breach of trust, etc., and the Plaintiff also filed a complaint against the Defendant B and employees, the representative director of the Defendant Company, and the customer of the Defendant Company, and caused a number of civil and criminal disputes between the parties to the instant case.

Agreements

1. On or after February 1, 2018, all civil and criminal lawsuits filed between the Plaintiff, Defendant B, E, F, and Defendant Company shall be withdrawn.

All expenses incurred thereby shall be borne by each party.

2. The provisional seizure of the Jeju-do land shall be resolved through consultation between the plaintiff and the defendant B after the auction.

3. The plaintiff himself shall not divulge to the outside all the information and data he obtained when he is in office as the representative director of the defendant company, and he shall not divulge all such information and data to the outside, which is a civil amount of KRW 100,000 ( KRW 100,000).

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