(영문) 대구지방법원김천지원 2015.08.21 2014가합2467

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(영문) 대구지방법원김천지원 2015.08.21 2014가합2467

청구이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Since 1993, Plaintiff A had been in office as the regular director of D, etc. who was the representative of the Defendant, and had been delegated by the Defendant for the business and accounting affairs.

B. Around March 2011, the Defendant filed a complaint against the Plaintiff A as an occupational embezzlement, and the Plaintiff A was sentenced to imprisonment with prison labor for two years and six months on June 14, 2012 (the partial criminal facts are recognized as occupational breach of trust).

[Tgu District Court Decision 201Gohap590, 1237 (Joint)] C.

After that, while being detained by the plaintiff A, he was represented by the plaintiff A on November 1, 2012, he prepared a letter of payment with the defendant (hereinafter "the letter of payment in this case") as follows, and the plaintiff B, who is the plaintiff A, agreed to guarantee the joint and several payment of the letter of payment in this case.

The defendant and the plaintiff A agree to prepare the letter of payment with joint and several sureties with the intent to faithfully perform the content of KRW 200 million among the entries in the letter of agreement prepared on October 12, 2012 in relation to the defendant's occupational embezzlement case of Daegu District Court 2012No2060, the defendant and the plaintiff A, with the intent to prepare the letter of payment with the intent to faithfully perform the following:

Then, in relation to the case of occupational embezzlement in the Daegu District Prosecutors' Office Kimcheon-si Office 2012No. 10169 which is being investigated by the Kimcheon Police Station, if the suspicion of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes against the suspect F is proved, and if the suspect F is paid at least KRW 200 million for the agreed amount, the letter of rejection of the payment becomes invalid immediately, but if it is not possible, the plaintiff A shall, without any condition within one year from the date of preparation of the letter of agreement, pay the defendant KRW 200 million of the above letter of payment to the defendant and shall sign and seal it at the end of this letter.

Plaintiff

A’s Agent E (Representative E) Plaintiff B, a joint and several sureties

(d) E shall be drawn up a letter of payment.

참조조문

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