손해배상
1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. The party status 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).
(2) Plaintiff B, C, D, and E are the shareholders of Plaintiff A.
Plaintiff
C served as the representative director of the Plaintiff from September 13, 2012 to September 9, 2013.
Plaintiff
B served as the representative director of the Plaintiff from September 9, 2013 to December 31, 2013, and is serving as an internal director from September 9, 2013.
Plaintiff
D served as the Plaintiff’s auditor from March 29, 2013 to September 9, 2013.
3) From September 9, 2013 to December 31, 2013, the Defendant is serving as the Plaintiff’s internal director, and as the representative director from December 31, 2013. (b) The Plaintiff’s representative director dismissal Plaintiff A held a board of directors on December 31, 2013. The board of directors resolved to dismiss Plaintiff B from the Plaintiff’s representative director. The board of directors passed a resolution to dismiss Plaintiff B from the Plaintiff’s representative director. [In the absence of any dispute over the grounds for recognition, the entry of Plaintiff A’s evidence
2. The Defendant asserted that the Plaintiff had worked as the vice president of the Plaintiff A and embezzled KRW 491,343,960 from August 23, 2012 to September 6, 2013 by arbitrarily withdrawing KRW 491,343,960, or by transferring it to the Defendant’s account.
Therefore, the defendant is obligated to pay 100,000,100 won and damages for delay claimed by the plaintiff A and its shareholders as part of the plaintiff B, C, D, and E due to the compensation for damages or the return of unjust enrichment arising from the tort.
3. Whether tort or unjust enrichment has been established;
A. Facts of recognition 1) Plaintiff B and C filed a criminal complaint against Plaintiff B and C’s Defendant, and Plaintiff B and C filed a criminal charge of occupational embezzlement with the Seoul Southern District Prosecutors’ Office.
The content is that “the Defendant embezzled KRW 492,793,960, total amount of the company’s funds deposited in the Plaintiff’s corporate account from September 11, 2012 to September 6, 2013 while working as the vice president of the Plaintiff A, by transferring it to the Defendant’s account under the name of the Defendant and using it for personal purposes.”
(b).