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(영문) 인천지방법원 2014.12.30 2014가합2873
사해행위취소
Text

1. The Plaintiff:

A. Defendant A shall pay KRW 294,029,590 and a rate of 20% per annum from May 26, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Defendant A retired from office from November 2003 to January 201, 201, while serving as the Plaintiff’s contractual worker. Defendant B was punished by disciplinary dismissal on April 4, 2014 while serving as the Plaintiff’s employee from January 1, 1994, but was determined by the Incheon Regional Labor Relations Commission on August 20, 2014, and Defendant C was the wife of Defendant B.

B. D, from July 2009 to January 2014, in the course of managing funds, such as Jeondo-ro (workplace operating expenses sent at the Plaintiff’s main company) at the Plaintiff’s construction site, D personally consumes KRW 833,50,000 for the lease deposit of accommodation for field employees deposited in the Plaintiff’s account, and filed a claim with the Plaintiff for a false lease deposit equivalent to KRW 10,958,50,000, and obtained it by fraudulent act, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which committed the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), was sentenced to nine years of imprisonment with prison labor with prison labor for the Seoul High Court on June 12, 2014, and the judgment became final and conclusive.

C. D transferred money over about 16 occasions to Defendant A’s account during the period from November 16, 2009 to April 27, 2011, and partially returned. If the amount returned was excluded, the sum of the money remitted by D to Defendant A during the said period is KRW 294,029,590.

On November 30, 2009, the national bank account of Defendant B included KRW 10,00,000 in the name of Defendant A and KRW 9,00,000 in the name of Defendant A, and KRW 61,00,000 in the name of Defendant D on December 3, 2009.

E. Defendant A completed the registration of transfer of ownership with respect to the real estate listed in the attached list (hereinafter “instant apartment”) to Defendant C on February 5, 2014, as the Incheon District Court No. 11185, Jan. 10, 2014 (hereinafter “instant donation”).

At the time of the donation of this case, the apartment of this case was the only property of Defendant B.

F. The Plaintiff on January 2014

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