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(영문) 의정부지방법원 고양지원 2018.04.11 2017가단86138
부당이득금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The parties’ relationship E is the Plaintiff’s president from February 8, 2008 to October 13, 2012, and the Defendant representative director F is the father of E.

B. The Plaintiff’s embezzlement and breach of trust against the Plaintiff 1) on October 30, 2009: (a) on October 30, 2009, the Plaintiff is a school foundation teaching institute with the size of 47,000 square meters in G 94,545 square meters and the size of 4,036 square meters in G forest and field and 4,036 square meters in H, which is owned by

(3) On January 18, 2010, the sales contract was concluded to sell the purchase price of KRW 4.327 million in KRW; ② sell KRW 47,545 square meters in KRW 94,545 square meters in KRW 94,545 square meters in KRW 3.3 billion in KRW 18,000 in KRW 1,212 square meters in KRW 2,212 square meters in KRW 1,716, and KRW 53 square meters in KRW 1,61 million in KRW 2,00 in KRW 1,000 in KRW 2,716 in KRW 20,000 in KRW 2,00 in KRW 2,00 in KRW 2,00 in KRW 2,00 in KRW 2,61 million in KRW 2,00 in KRW in accordance with the sales contract with the said Seogdong Private Teaching Institute.

(3) Upon receipt of the transfer to the check, the check was delivered to the Plaintiff on January 18, 2010 according to the sales contract with the said I, J, K, and L, and the check was directly delivered KRW 300 million as the down payment. According to the sales contract with P and Q on January 18, 2010, the check was received at KRW 120 million from the P and Q as the check, and on February 10, 2010, the intermediate payment of KRW 300 million as the check was managed by E (S; hereinafter “E Management Account”).

(2) On January 5, 2011, E received money and embezzled KRW 1.720 million in total for the Plaintiff, while being kept for the Plaintiff, E arbitrarily used KRW 837.4 million and embezzled it. (2) around January 5, 2011, E sold KRW 190 square meters to U, and received KRW 324 million with the purchase price as the Plaintiff’s clan account. On February 201, 201, E received KRW 324 million with the purchase price from the Plaintiff’s clan’s financial officer of the Plaintiff clan, and said money was personal money, and lent to the Plaintiff, thereby enabling V to perform the same accounting with the same content, thereby obtaining pecuniary benefits of KRW 324 million and having the Plaintiff acquire the same as the Plaintiff.

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