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(영문) 수원지방법원 2018.06.27 2016가단805649

구상금

Text

1. The Defendant: (a) KRW 18,370,679 to Plaintiff A; (b) KRW 13,936,377 to Plaintiff B; and (c) each of them, from January 10, 2017 to June 1, 2018.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “Nonindicted Company”) is a company established on December 16, 2002 for the purpose of manufacturing and distributing food packing materials, etc., and the mother E is a person who was the representative director of the Nonparty Company.

B.1) Around May 19, 2003, the Defendant forged, respectively, a letter of resignation in the name of E to the effect that “E resigns resigns from the office of representative director and appoints Plaintiff A as representative director,” and a letter of delegation in the name of E to the effect that “E delegates all acts such as submitting an application for registration of change of the non-party company to the court” to the effect that “E resigns resigns from the office of representative director and appoints Plaintiff A as representative director” through the employees of the non-party company, “E resigns from the office of representative director,” and the letter of delegation in the name of E to the effect that “E delegates all acts such as submitting an application for registration of change of the non-party company to the non-party company to the non-party companyF to the court.2) due to the above forgery by the Defendant, the non-party company’s

3) The Defendant was indicted for forging a private document or uttering of a private document with respect to the above forgery, and was sentenced to a judgment of one year and six months of imprisonment with labor by Seoul District Court 2003Da6373 on August 14, 2003, and three years of suspended execution. The above judgment became final and conclusive on August 22, 2003. (c) On December 22, 2003, E prepared a power of attorney to delegate all the management of the non-party company to the Defendant and left Korea from the Republic of Korea to a foreign country around that time.

(B) Even after the Defendant’s conviction, the registration of the resignation of the E representative director and the registration of the appointment of the Plaintiff A representative director, etc. were recorded as they were without any dismissal). 2 and as of December 31, 2003, the register of shareholders of the non-party company as of December 31, 200 indicated that E holds 500 shares, G 3,00 shares, H 2,00 shares, H 3,000 shares, and J 1,50 shares.

The defendant has been delegated by E to operate the non-party company as above.