(영문) 부산지방법원 2020.04.23 2019가단306976

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(영문) 부산지방법원 2020.04.23 2019가단306976

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a company with the purpose of housing construction business, real estate lease and sale business, etc., and the plaintiff is a person who served as a management director at the defendant company from around 2005 to May 2009.

B. 1) The Defendant demanded the Plaintiff to return or order the company funds embezzled during his/her service from the time of his/her withdrawal from the Defendant Company, but did not receive any particular reply from the Plaintiff. 2) On March 2, 2013, the Plaintiff prepared and sent to the Defendant each of the following contents (hereinafter “the first letter”).

O The plaintiff shall, until March 11, 2013, extract the amount reasonably used and the amount unlawfully used from the amount of embezzlement at issue with the defendant company as a document and submit it in writing. If no clear ground is presented, the amount that the plaintiff embezzled shall be recognized as the amount that the plaintiff embezzled.

O For an amount embezzled, a notarial deed with executory power shall be submitted to the defendant.

3) Thereafter, on April 29, 2013, the Plaintiff’s respective of the following contents to the Defendant (hereinafter “the second letter”).

(2) On the same day, the Plaintiff shall approve that the Defendant bears the obligation of KRW 160,00,000 according to the second letter, and shall pay it until December 31, 2013, and shall pay damages for delay calculated at the rate of 20% per annum if delay is made by a notary public of the purport that the Plaintiff is liable for the obligation of KRW 160,000 according to the second letter, and shall be paid by the notary public of the 2013 No. 298 of the 2013 No. C’s No.

I have drawn up and delivered a statement. Each of the following provisions shall recognize the embezzlement of corporate funds and to implement the amount of KRW 160,000,000,000,000,000,000,000,000,000,000,000 won: 426,119,346

A. L. L. L.I.

1. Date of payment: By December 31, 2013, it shall be deposited into a passbook in the name of the defendant.

2. Where payment is not made on the date of the above payment.

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