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(영문) 서울중앙지방법원 2016.06.29 2015나68194
보증채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The plaintiff is a legal entity that operates broadcasting business, etc., and C is a person who was in charge of the plaintiff's financial management as the head of the plaintiff's management support office, D is a school building of C, and the defendant is punished D.

B. On May 11, 2014, D was detained on the charge of committing an offense (Seoul Central District Court 2014Kadan2004) as follows and tried (Seoul Central District Court 2014Kadan2004).

D around October 17, 2012, "Around October 2012, C accepted a total of KRW 650 million, including KRW 220 million, and KRW 870,000,000,000,000, which was embezzled by C, from among the aggregate amount embezzled by C, as well as KRW 10,000,000,000,000, and around October 20, 2012, C knowingly knowingly received it, and C received it on behalf of the Chinese visa so that C may escape to China with knowledge that it would have embezzled the company's public funds and attempted to flee abroad, and provided C with a exchange instrument to use it as the capital for escape and arrange for the escape of C residing by accompanying C and China."

C. On May 27, 2014, the Plaintiff and the Defendant drafted as the Plaintiff, the perpetrator as D, and the joint and several sureties as the Defendant, the payment angle as follows (hereinafter “instant payment rejection”).

1. The defendant, a joint and several surety D and the perpetrator, is 250 million won out of the amount received by the defendant D from C who embezzled the company money as the head of the company management support office in connection with the case of 2014 high group 2004 high group 2004, which is currently pending in the Seoul Central District Court 14 reading.

2. The perpetrator and the defendant shall pay 150 million won in cash out of the above settlement amount on May 27, 2014, and shall pay the remainder of 100 million won after Defendant D was released, and shall, as soon as possible, pay it jointly with the perpetrator D.

(Payment within 30 days after the discharge).

The plaintiff received KRW 150 million from the defendant around May 27, 2014 from the defendant and paid the above case to the above court.

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