(영문) 춘천지방법원원주지원 2020.09.09 2019가단58737

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(영문) 춘천지방법원원주지원 2020.09.09 2019가단58737

구상금

Text

1. The Plaintiff:

A. As to Defendant B’s KRW 85,00,000 and KRW 75,000 among them, Defendant B shall be from June 24, 2019 to December 23, 2019.

Reasons

1. As to the claim against the defendant B

A. Basic facts 1) The Plaintiff and the Defendants are the Category D (hereinafter referred to as “foreign clan”).

As a clan member, from around 2008 to around 2016, Defendant C was responsible for the duties of the chairperson of the non-party clan, Defendant B was the vice-chairperson of the non-party clan, and the Plaintiff was the general duties of the non-party clan respectively. 2) The Plaintiff and the Defendants purchased the land of seven parcels, such as the Won-si E Forest, from February 2009 to July 2009, under the name of the non-party clan, entered into a contract with the total of KRW 1.7 billion of the sale price, and was returned to the seller of the non-party clan under the name of KRW 3.9 million out of the sale price paid by the non-party clan.

3) On May 1, 2019, the Plaintiff and the Defendants were convicted of having committed a crime of occupational breach of trust with the purport that they violated their duties as officers of Nonparty China and returned 3.9 million won under the pretext of repair, and acquired property benefits equivalent to the same amount among Nonparty, and committed a crime of occupational breach of trust with the same amount of damages among Nonparty (Scheon District Court 2018Dadan10). Since then, they were sentenced to reduction of punishment in the appellate trial on the grounds of unfair sentencing by the Plaintiff and Defendant A, but the judgment of conviction on the above crime was affirmed as it was affirmed. (4) On June 23, 2019, the Plaintiff deposited KRW 130 million for the Non-Party while the first instance court in the above criminal trial, and paid additional KRW 150 million for the non-party clans in the name of compensation for damages.

5) Defendant B is liable for damages against the non-party to the clan on May 30, 2019, for the non-party to the clan, the 992m2 square meters in Won-si, one owned by himself (hereinafter “instant land”).

The registration of ownership transfer has been completed in the name of G nominated by the non-party clan. [The facts of no dispute over the grounds for recognition, the entries of Gap Nos. 1, 2, and 4, and the purport of the whole pleadings.]

B. The plaintiff's assertion 1) The plaintiff's assertion 390 million won against the plaintiff and the defendants' non-party clans.

유사 판례

-춘천지방법원 원주지원 2019.05.01 2018고단10

-부산고등법원(창원) 2020.09.03 2019나12230

-대법원 1999. 8. 24. 선고 99다14228 판결

-대전지방법원논산지원 2014.09.24 2013가합27

-청주지방법원 2013. 11. 06. 선고 2013가합25603 판결