손해배상(기)
1. The Plaintiff (Counterclaim Defendant) B and the Defendant C jointly share KRW 72,00,000,000, and the Defendant C share KRW 26,294,550, respectively.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The status of the parties is a company established for the purpose of manufacturing and selling computers and related parts. Defendant B is a person who actually operated the Plaintiff from February 20, 2009 to January 201, and Defendant C was a person who served as the representative director from February 20, 2009 to January 1, 2013.
B. The Plaintiff’s establishment and the appointment of the representative director of Defendant C) Defendant B is a D Co., Ltd. (hereinafter “D”) around March 1998.
A) Defendant C, E, and F established and run a computer program development project, etc. as an employee of Defendant C, E, and F, and subsequently closed the business after being imposed a large amount of tax and a surcharge on October 2008. On or around February 20, 2009, Defendant C, E, and F established the Plaintiff who runs the same business by succeeding most of D’s customers, and Defendant C, E, and F continued to run the same business with Defendant B and the existing business. (2) Defendant B became a bad credit holder in the course of closing the business, and thus Defendant C was the representative director in the Plaintiff’s name, but Defendant B was in charge of overall management of the company, such as financial management, from the time of the Plaintiff’s establishment to January 2010. EF was working as the Plaintiff’s executive.
C. The Plaintiff’s corporate card used by the Defendants and E and F was refused to approve as a policeman on December 2, 2009, and the E and F came to know that there was a problem of personal use of the Plaintiff’s funds by Defendant B. 2) Accordingly, around January 2010, Defendant B was at the Plaintiff’s management, and Defendant C actually operated the company as the representative director, and Defendant C actually operated the company as the management director. The Plaintiff’s corporate card operated by the Ministry of Strategy and Finance with Defendant B’s efforts, which is the entrusted operation and maintenance business of the G system in the Ministry of Strategy and Finance (hereinafter “H business”).
The benefits derived from Defendant B brought all, and the new business ‘new business(hereinafter referred to as the ‘new business(s) received by Defendant B from his new business’.