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(영문) 서울남부지방법원 2018.01.17 2017가단210925
성공보수금 청구의 소
Text

1. The Defendant’s KRW 33,495,00 for the Plaintiff and 5% per annum from June 29, 2017 to January 17, 2018.

Reasons

1. Facts of recognition;

A. C’s embezzlement and criminal case proceeding progress 1) C: (a) the same person and D, the actual operator of the Defendant, died on December 19, 2012; (b) on the basis of the fact that the Defendant was in charge of the management, disbursement, and custody of the Defendant’s funds, C arbitrarily withdraws money from the Defendant’s passbook or transferred money from the said account to his/her own or his/her own E account without permission; and (c) released money from the transferred account to his/her own or his/her own E with intent to use it for personal use. C is KRW 165,00,000 deposited in the Defendant’s passbook on July 23, 2013 (Seoul Central District Court Decision 2015Da2555 Decided January 28, 2016, the amount of embezzlement listed in the attached Table 21 attached to the judgment of the Seoul Central District Court Decision 2015Da2555 (hereinafter “the amount of embezzlement”).

(C) On December 2013, 2013, the third floor G of Jongno-gu Seoul Metropolitan Government F Building G (hereinafter referred to as "the real estate of this case") which was knocked under the name of E is the real estate of this case.

() The full amount of the successful bid price of KRW 130 million, such as the payment of KRW 100 million, is paid without permission, and on September 30, 2013, the amount of embezzlement No. 30 in the order of 30,000,000 (Seoul High Court 2016No423 Decided September 9, 2016) attached to the judgment of the Seoul High Court Decision 201No423 Decided September 9, 2016 is deemed to be the amount of embezzlement No. 30 in the order of “the amount of embezzlement” (hereinafter referred to as “the amount of embezzlement”).

B) From December 28, 2012 to September 30, 2013, the Defendant embezzled 2,147,543,000 won in total over 25 times during the period from December 28, 2012 to September 30, 2013 (hereinafter “the instant embezzlement”).

(2) 2) The Defendant appointed the Plaintiff as a complainant and filed a complaint against C, and C used the amount of KRW 850,000,000 out of the embezzled amount No. 30 No. 50,000,000 as of November 12, 2013 (hereinafter “H bank’s provisional account deposit amount”) to the H bank account by depositing the Plaintiff in the H bank account and refusing the Defendant’s demand for return, as a negotiation means to have the right of management transferred.

3 C After being prosecuted, around October 28, 2015, the amount of KRW 850,000,000 to the Defendant’s H Bank’s provisional account opened around H Bank around 28, 2015.

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