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(영문) 서울중앙지방법원 2020.08.14 2019가단5247678
수표,어음금
Text

1. Defendant Republic of Korea shall deliver cashier's checks listed in the attached list to the Plaintiff.

2. The plaintiff's defendant.

Reasons

1. Basic facts

A. On December 20, 2016, the Plaintiff entered into a H entrusted management contract (hereinafter “instant entrusted management contract”) with G (CEO: D; hereinafter “U.S. corporation”) under which the duties related to H 10 business is entrusted and settled, and issued a cashier’s check listed in the separate sheet (hereinafter “instant check”) via Defendant F.

B. Defendant D is the representative director of Defendant B Co., Ltd. (hereinafter “Defendant B”); Defendant E is the representative of Defendant C Co., Ltd. (hereinafter “Defendant C”); Defendant F was promoted from February 10, 2012 to the office of office around September 2013 after becoming the sales salesperson of Defendant B; Defendant C was promoted to the office of office on or after September 5, 2013; Defendant C was in charge of raising investment funds and managing subordinate sales; and after entering into an investment contract with the Plaintiff, Defendant C was directly accepted the instant check.

C. On February 21, 2017, the Plaintiff’s father, the issuer of the instant check, heard that Defendant D, etc. was detained in a criminal case, and filed an accident report with J bank about KRW 50 million of the instant check.

Defendant D and E received money from the Suwon District Court on January 18, 2018 to the Defendant B’s head office, etc. from April 2011 to January 2017, “If Defendant D and E conspired with each other to pay one unit of money as KRW 11,00,000,000 in the name of investment in the business of installing a foreign game machine in the U.S., and then purchased the game machine in the form of such money and establish it in the U.S.T., and thereby, received money from the victims of the crime of the Specific Economic Crimes for 36 months as follows: “The amount of KRW 50,000 or KRW 60,000 ( annually an investment rate of KRW 21% or KRW 320,00,000 per annum) shall be paid as profits, and shall be paid KRW 18,00,000 or KRW 21,60,00 per annum.”

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