beta
(영문) 서울중앙지방법원 2015.10.30 2014가합28911

부당이득금

Text

1. The defendant,

A. From July 21, 2014 to September 30, 2015, Plaintiff A, as well as KRW 70,000,000.

Reasons

1. Basic facts

A. The relationship between the parties, etc. 1) The indication of “stock company” is omitted from the time of the second referring the Plaintiff A Co., Ltd. (former Trade Name E Co., Ltd., Ltd., hereinafter referred to

A) The purpose of real estate development business, sales in lots, agency business, etc. is the company established for the purpose of the Plaintiff Company B, which is the company established for the purpose of agricultural materials and various pesticide business. The Plaintiff Company C is a company established for the purpose of distributing information and communications equipment and selling business. The F Company is a company established for the purpose of manufacturing and selling electronic equipment. 2) G is a major shareholder of each of the above companies.

The defendant is the representative director of the plaintiff A, C, and the director of the plaintiff B who has resigned.

B. The Plaintiff’s occupational embezzlement 1) G paid 300 million won capital on August 20, 2007, and established the Plaintiff A. (2) The Defendant, from around that time to February 12, 2009, was in charge of the duties, such as the collection and management of the sales price of the Plaintiff’s H commercial building in Young-gu H (hereinafter “instant commercial building”).

3) On May 15, 2008, the Defendant concluded a sales contract with I for the instant shopping districts 119 and 120, and then arbitrarily consumed KRW 77 million out of the sales price received from I around that time. (c) The Plaintiff leased KRW 70 million to the Defendant on February 5, 2009 without setting the due date for repayment.

2) On February 20, 2009, Plaintiff C lent KRW 150 million to the Defendant on April 30, 2009. On July 2, 2009, Plaintiff C lent KRW 200 million to the Defendant without setting the due date. Plaintiff B lent KRW 30 million to the Defendant on June 30, 2009.

The agreement 1) G around July 209, 2009: (a) around July 20, 2009, under the name of Plaintiff A, B, and F, a written agreement with the Defendant with the following content (hereinafter “instant agreement 1”).

was drawn up.

Plaintiff

A, B, and F will provide the defendant with respect to the retirement of the defendant: