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(영문) 춘천지방법원강릉지원 2017.09.20 2017가단31605
추심금
Text

1. The Defendant’s KRW 146,208,303 as well as the Plaintiff’s annual rate from April 20, 2017 to September 20, 2017, and the following.

Reasons

1. Basic facts

A. On February 28, 2017, the Plaintiff filed an application for a payment order with the Chuncheon District Court 2017Ra61 (hereinafter “C”) against the school juristic person C (hereinafter “C”), with the said court, to “C shall pay to the Plaintiff KRW 167,735,090 and the annual interest rate of KRW 20% from February 9, 2017 to the date of full payment,” and the said payment order was finalized on March 15, 2017.

(hereinafter referred to as the "payment order of this case").

The Plaintiff, based on the payment order stated in the preceding paragraph, received a collection order for the claim against C as to the damage claim against C by using the claim amount as KRW 172,192,443, which was KRW 172,192,443, as the amount claimed under the Gangseo branch court 2017Tll 20519, and the seizure and collection order of the instant case was served on April 5, 2017.

[Reasons for Recognition: Facts without dispute, Gap 1, Gap 3, Gap 4's each entry, the purport of whole pleadings]

2. Assertion and determination

A. The plaintiff's assertion is that the defendant bears the liability for damages of KRW 179,128,729 by performing occupational breach of trust while working as the chairperson of C.

As the Plaintiff received the instant seizure and collection order against the Defendant, the Defendant is obligated to pay KRW 172,192,443, the amount claimed, to the Plaintiff, the collection right holder.

B. C’s damage claim 1) The following facts are acknowledged, comprehensively taking account of the overall purport of the pleadings in each statement in the evidence No. 2, No. 3-1 through 5, and No. 8 of the claim for damages against the Plaintiff. A) The former president of D University, which is the affiliated university of C, embezzled public funds, and deposited money into the passbook F, E, Dong-in, Dong-in. B.C, in collusion with E, embezzled public funds against F, thereby filing a lawsuit for damages with the Gangseo Branch Branch of the Chuncheon District Court for the reason that C embezzled embezzled public funds against E.C., and the same court filed a lawsuit against F for the claim for damages on Dec. 20, 2007, “F” amounting to KRW 130,000 and KRW 100,000,000,000.

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