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(영문) 서울동부지방법원 2016.02.05 2015가단14472
대여금
Text

1. The Defendants: (a) from October 1, 2014 to April 1, 2015, as regards each of the Plaintiff KRW 38,000,00, and as regards that, Defendant B, from October 1, 2014 to the Plaintiff.

Reasons

In full view of Gap's statements and the purport of the whole pleadings as to the cause of the claim Gap 4-6, the defendants were indicted by Busan District Court's branch court's 2014 high-level9000 on the crime of embezzlement as follows. On January 23, 2015, defendant C was sentenced to a summary order of a fine of KRW 5 million in the case of defendant C, a fine of KRW 5 million in the case of defendant D, and a fine of KRW 2 million in the case of defendant D. The defendants filed a formal trial with the above court's 2015 high-level310 on July 1, 2015, and the above fine of KRW 350,00 in the case of embezzlement, and the defendant C and D were sentenced to a fine of KRW 20,000 in the case of the above court's 200,000 in the case of the above trial and were sentenced to a fine of KRW 205,00 in the case of the above judgment.

On December 6, 2013, Defendant C received a discount from the Plaintiff on the original electronic bill (E) in the restaurant located in the Busan East-dong, Busan-dong, Busan-dong, stating that “The Plaintiff shall pay the remainder remaining after deducting interest 2% from interest 5% from interest 2%,” from the Plaintiff, at around 15:30 on December 6, 2013, Defendant C was issued the said electronic bill.”

Around December 9, 2013, the Defendants, at the mechanical manufacturing company in Kimhae-si F, gathered to have a share of the funds that may arise from the discount of the aforesaid electronic bill at the “G office” office of Defendant B’s operation, and then arbitrarily consumed them for the following personal purposes, by dividing them into the amount of money that may arise from the special loan of the Plaintiff to the corporate bank account of Defendant B (H) from the special loan of the Plaintiff for the settlement of the accounts of the Plaintiff.

As a result, the Defendants conspired and embezzled the said KRW 38 million for the Plaintiff at will while keeping it in custody.

B. Determination Doctrine, the original civil or tax litigation.

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