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(영문) 서울서부지방법원 2018.04.05 2017가합38082
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 25, 2014, the Plaintiff’s business purpose of the lighting fixture manufacturing business, etc. was the company established on August 25, 2014; the Defendant served as the Plaintiff’s representative director from April 11, 2016 to October 27, 2016; and the Defendant actually operated the Plaintiff Company as the Plaintiff’s representative director was C.

B. From September 23, 2016 to September 24, 2016, the Defendant: (a) deposited KRW 146,700,000, which was owned by the Plaintiff in the course of business; (b) withdrawn the money in mind; and (c) embezzled it by discretionary consumption; and (d) on October 5, 2016, sold the stocks, bonds, etc. owned by the Plaintiff to another person; and (b) stored them in the course of business with the money KRW 101,520,714; and (c) embezzled it by voluntary consumption, and then embezzled it by voluntary consumption:

(hereinafter “instant embezzlement”). C.

Then, C’s pro-friendly D was appointed as the representative director of the Plaintiff on October 27, 2016. On November 4, 2016, the Plaintiff sent to the Defendant a certificate of content that the Defendant voluntarily released the Plaintiff’s funds, shares, and bonds totaling KRW 290,728,000, not later than November 10, 2016. The Plaintiff filed a complaint against the Defendant for occupational embezzlement, where the Defendant did not return the company’s funds, etc. by the said deadline.

The Plaintiff filed an application for provisional seizure of real estate and deposit claims owned by the Defendant (hereinafter referred to as "application for provisional seizure of this case") with respect to the damage claim arising from the embezzlement of this case as the preserved right, and issued a provisional seizure order around December 2016.

E. On December 20, 2016, the Plaintiff drafted and implemented the following agreements to the Defendant (hereinafter “instant agreement”).

The above creditors A(Plaintiff) agree with the debtor B(Defendant) that the provisional attachment of the real estate and the claims in the separate list and the appeal of the Eunpyeong Police Station would be withdrawn, and that no all civil or criminal acts will be committed.

Provided, That both parties shall make oral agreements.

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