(영문) 수원지방법원 2018.06.29 2017가단517031




On May 2, 2016, the Defendant and Nonparty D entered into a contract with respect to 9,00 common shares of the issuance of Co., Ltd. E.


1. Facts of recognition;

A. The status of the parties 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)

(2) On June 9, 2015, Plaintiff B is a company established for the purpose of building construction business, etc., and Plaintiff B is the representative director of the Plaintiff Company. 2) D is an internal director of the Plaintiff Company, and the Plaintiff Company has been directly responsible for the instant construction project, such as directly selecting the construction company from the location of the site manager of the construction site of the G-based factory and office building construction work (hereinafter “instant construction work”).

3) The Defendant is D’s husband and wife. (2) D’s tort 1) D used D’s work as D’s husband and wife, and H’s work as a vice president at the site of the instant construction work; (1) from July 11, 2015 to February 20, 2016, it used D’s totaling KRW 690,817,00 for transfer of 25 times in total by receiving refund of the difference from the subcontractor at the site of the instant construction work from July 11, 2015 or transferring the difference to I operated D’s own discretion; and (2) from January 2016, D’s work completed construction work at the site of the instant construction work and kept construction materials, such as oil pumps, and embezzled the Plaintiff Company’s property at the front of D’s house, with the mind of 12,980,000 won at the market price owned by the Plaintiff.

2) In addition, D has conspired to acquire money from J and the plaintiffs, the head of the site of the instant construction, and even if it was received money from the plaintiffs on May 2015, 2015, D had no intent to use it as the fund for purchasing the sn beam beam from the plaintiffs, but it has requested the plaintiff Eul, the representative director of the plaintiff company, to deliver the sn beam beam purchase fund to the plaintiff Eul, which is the representative director of the plaintiff company, and it has received 40,000,000 won as the aggregate on June 3, 2015 and June 4, 2015 from the plaintiff Eul, and received 152,350,000 won from the plaintiff company and received goods from the plaintiff company by deceiving the plaintiffs as above criminal facts against the plaintiffs.