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(영문) 울산지방법원 2018.08.21 2015가단55006
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant C was the representative director of the Plaintiff from March 201 to October 2014, and Defendant C was the former employee of the Plaintiff.

B. On September 1, 2014, the Plaintiff was unable to settle the obligations of bills, and the Plaintiff was in default. On the same day, KRW 27,369,97, out of the Plaintiff’s funds deposited in the Plaintiff’s bank account, was transferred to Defendant B’s account, and on September 5, 2014, Defendant B withdrawn KRW 16,689,80 from the Plaintiff’s account in cash.

C. Defendant B is above B.

Of the money transferred or withdrawn as stated in the foregoing paragraph, the money was transferred to D Co., Ltd. (hereinafter “D”) as KRW 13 million on September 2, 2014, and KRW 5 million on October 1, 2014, and transferred KRW 11 million to E Co., Ltd. (hereinafter “E”) on September 5, 2014.

The Plaintiff’s lapse of January 6, 2015 for the same year

2.2. The above content certification to Defendant B around 2.

B. The explanation of the transfer and withdrawal of the funds under subsection (1) has been requested, and the same year has been requested.

1. 27. Progress;

2. Around 16.16. The said money was used as the Plaintiff’s operating expenses, and the money remitted to D and E was transferred under the pretext of borrowings, which was sent according to the direction of Defendant C, the representative director of the Plaintiff at the time.

E. D and E are companies managed by Defendant C.

F. The defendants are the defendants.

Defendant B was investigated in relation to the transfer and withdrawal of funds under this paragraph, and Defendant C was guilty of evading compulsory execution, and Defendant C was prosecuted on the charge of committing other charges such as fraud (Ulsan District Court 2015Da1750, 2015 Godan1947 (Joint), 2015 Godan2345 (Joint), 2016 Godan297 (Joint), 2016 Godan340 (Joint), 2016 Godan340 (Joint), 2016 Godan170 (Joint)).

On May 17, 2018, the court of first instance found the Defendants guilty of the charges of evading compulsory execution, and sentenced Defendant C to imprisonment of 8 months, 2 years of suspended execution, and 3 million won to Defendant B.

Criminal facts of the evasion of compulsory execution which have been convicted are as follows:

Plaintiff

Criminal first instance judgment is written in F, not the plaintiff.

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