손해배상(기)
1. Defendant B: (a) stated 132,00,000 in the column of “total amount” in the attached Table attached hereto to the Plaintiff; and (b) stated 1.0,000 in attached Table No. 1.
1. Facts of recognition;
A. 1) The Plaintiff Company is a company with the objective of manufacturing organic fertilizers and nitrogen compound compounds. 2) Defendant C is a co-representative director of the Plaintiff Company. Defendant B is a director of the Plaintiff Company and the spouse of Defendant C.
3) The Plaintiff Company’s roll of members is indicated as E’s 25,00 units (50%) and Defendant C’s 20,000 units (40%) and Defendant B’s 5,000 units (10%). (B) A criminal case against the Defendants was lodged against the Defendants under suspicion of occupational embezzlement. The Plaintiff Company filed a complaint against the Defendants on June 13, 2014 with the former Jeju District Prosecutors’ Office against Defendant C, who received a non-prosecution disposition against Defendant C, and Defendant B was indicted with the preceding Jeju District Court on June 13, 2014 as follows.
2) On February 16, 2016, the said court found Defendant B guilty of the facts charged and sentenced Defendant B to one year of imprisonment for the crime of occupational embezzlement (the Jeonju District Court 2014Kadan902). From around 2008, the Defendant is a limited liability company A (hereinafter “A”) with the victim F in the Jeonbuk-gun Office F.
In fact, the victim A has been engaged in the manufacture, sale, and collection of fertilizers products.
From June 2013, the Defendant supplied retirement expenses produced by the Victim A to the Seoul Central Federation of the Agricultural Cooperatives, which was located in the Seoul Central Headquarters No. 2, Young-gu, Seoul Central District Office, 2013. On July 15, 2013, the Defendant received KRW 375,749,517 from the victim’s No. 375,749,517 to the Agricultural Cooperative account in the name of the victim A, and had the victim keep them on his/her duty.
On July 16, 2013, the defendant arbitrarily transferred KRW 300,000 to the head of the Tong in the name of the defendant's wife C, and paid KRW 87,00,000 to D as land purchase price in the name of C, and used it for personal purposes.
In addition, the Defendant transferred the retirement expenses from around that time to January 16, 2014 to the said victim’s account as indicated in the list of crimes attached hereto, to the agricultural cooperative account under the name of its wife C and the agricultural cooperative account under the name of its wife G.