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(영문) 대전지방법원홍성지원 2017.08.29 2015가단12550
횡령금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 43 million and the interest rate of KRW 15% per annum from December 29, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a clan consisting of descendants of CC 26 descendants, and the Defendant is a person who was the president of the Plaintiff from October 12, 1998 to March 14, 2015.

B. On April 19, 2006, the Defendant: (a) concluded a sales contract with the Plaintiff on April 19, 2006, on behalf of the Plaintiff on the part of the Plaintiff, with the content that the purchase amount of KRW 88,15 square meters for F forest land in Chungcheongnam-gun, Seoul, which is owned by the Plaintiff (hereinafter the above land is referred to as “instant land 1”; and (b) was paid the said purchase amount in full; and (c) on October 2, 2008, the Defendant and the Plaintiff clan H were registered as co-owners of 1/2 shares in the register of the name of the company on October 2, 2008, with the content that the purchase amount of KRW 10,000,000 (hereinafter the above land is referred to as “instant land 2”; and (d) concluded such sales contract and received KRW 50,000,000,000 for their shares out of the above sales amount.

C. Meanwhile, according to the Plaintiff’s clan rules, the land No. 2 was also owned by the Plaintiff, but the Defendant entered into each of the instant sales contracts Nos. 1 and 2, and did not undergo a resolution of the general meeting among the Plaintiff, and only KRW 50 million out of the sales price of the instant first sales contract was returned to the Plaintiff.

Accordingly, the Plaintiff filed a complaint with the Defendant as an occupational embezzlement, etc. on January 9, 2014, the Hongsung branch office of the Daejeon District Prosecutors' Office rendered a disposition that does not have the right of prosecution on the ground of the expiration of the statute of limitations as to the embezzlement related to the First Sales Contract of this case. On or around the 10th of the same month, the Plaintiff charged the Defendant with the fact of occupational embezzlement related to the Second Sales Contract of this case as the Hongsung branch office of the Daejeon District Court 2014 High Court

On April 17, 2015, the above court sentenced the Defendant to a fine of KRW 5 million, and the Defendant (the Defendant) among the facts constituting the crime, on January 2, 2012 as to the land of this case.

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