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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
The defendant related to the parties is a company established around May 2, 1998 and engaged in construction business, real estate sale and lease business, etc., and the plaintiff is a person who was discharged from the office of representative director on March 24, 2016 while serving as the defendant's representative director.
On March 8, 2016, the Defendant filed a complaint against the Plaintiff on charges of occupational breach of trust, etc. that “Around March 8, 2010, the Plaintiff purchased overseas real estate located in the Philippines, and transferred approximately KRW 500,000,000 from the Defendant’s bank account to a foreign country, but did not have been transferred the ownership of the said real estate until now, and did not have any profit from lease, etc., thereby causing damage equivalent to KRW 500,00,000 to the Defendant.” The Plaintiff received a non-prosecution disposition on the grounds that the whereabouts of the witness C who participated in the process of purchasing overseas real estate located in the Philippines was unknown on December 26, 2016.
As above, the Defendant filed a complaint against the Plaintiff on charges of occupational breach of trust, etc., and on July 29, 2016, the Plaintiff also filed a suit with the Defendant demanding payment of KRW 330,00,000 as loans and retirement allowance of KRW 167,148,781 as retirement allowances by the end of the end of July 2014 (or filing a complaint against the Defendant’s representative director D, Defendant’s employees and customers, and thus, multiple civil and criminal disputes between the instant parties have occurred.
On February 1, 2018, the Plaintiff, Defendant, and D agreed with the following contents in order to resolve the above multiple civil and criminal disputes smoothly:
hereinafter referred to as the "agreement of this case"
(b) joint text;
1. Since February 1, 2018, all civil and criminal lawsuits filed between the plaintiff, D, E, F, and the defendant shall be withdrawn.
All expenses incurred thereby shall be borne by each party.
2. The provisional seizure of the Jeju-do land shall be resolved through consultation between the plaintiff and D after the auction.
3. The plaintiff himself acquires as the representative director of the defendant.