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(영문) 서울서부지방법원 2016.01.28 2015가단19103
합의금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D, the Defendant’s head, was indicted along with E, and was sentenced to two years from the Daejeon District Court’s Seocheon Branch (2013Gohap167) on February 12, 2014 to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), occupational embezzlement, and the crime of occupational breach of trust. D appealed appealed from the Daejeon High Court as the Daejeon High Court 2014No12 on the grounds of unfair sentencing.

B. On November 3, 2014, the Plaintiff was prepared and delivered by the F and the Defendant with a payment note stating that “F shall pay KRW 40,000,000 to the Plaintiff by April 4, 2015 as the agreed amount of the Plaintiff’s Daejeon High Court 2014No112, and the Defendant shall guarantee the said obligation (hereinafter “instant payment note”).

C. On November 14, 2014, between the Plaintiff, E, and D, an agreement with the following contents (hereinafter “instant agreement”) was drafted:

1.E shall pay to the Plaintiff KRW 20,000,000 after the preparation of this Agreement, and shall be transferred to the G deposit account.

In addition, D shall pay the Plaintiff KRW 40,000,00,000, and D shall secure this, and D shall provide the B/C certificates jointly created by the Defendant and the B/C certificates jointly created by the Defendant.

The maturity and the time and place of the bill of exchange shall be agreed separately between D and G.

2. The Plaintiff filed against E and withdraws the lawsuit in the case of damages claim pending in Seoul High Court No. 2014Na19525.

With respect to the two cases of demurrer against distribution, E shall withdraw an appeal filed by H in relation to the case No. 2014Gahap1819 (Seoul High Court 2014Na2014983), and the Plaintiff shall withdraw the lawsuit of demurrer against distribution filed by the Jung-gu District Court 2014Gahap1888 and make the distribution be made promptly by withdrawing the lawsuit of demurrer against distribution filed by H in relation to the case of demurrer against distribution.

3. D may make a provisional registration of the right to claim the transfer of ownership in the name of a person designated by the representative director of the plaintiff with respect to the housing located in the Chungcheongnam-siJ of Chungcheongnam-si, Chungcheongnam-do.

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