손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant C is the representative director of the Plaintiff, and Defendant D and E are in-house directors of each Plaintiff.
B. On August 3, 2015, Defendant E purchased from the F in Seosan-si 323 square meters, 142 square meters prior to H, 335 square meters prior to J, 36 square meters prior to K, and 47 square meters prior to K (hereinafter “instant land”), and completed the registration of ownership transfer on the instant land on September 16, 2015.
C. On the ground of the instant land, Defendant E newly built a five-story collective housing of reinforced concrete structure sloping roof (hereinafter “instant building”) and completed registration of ownership preservation on June 9, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Defendant B, as the actual representative of the Plaintiff, withdrawn the Plaintiff’s funds in the process of building and selling the instant building in collusion with Defendant C, D, and E, a representative director of the Plaintiff or an intra-company director, and embezzled by arbitrarily using the construction cost of the instant building and financial expenses related thereto. As such, the Defendants are jointly and severally liable for payment of KRW 300,000,000 among the Plaintiff’s funds embezzled as compensation for damages due to joint tort to the Plaintiff.
B. According to the result of the response of each order to submit financial transaction information to the IBK President of this court and the LB President of the LB on November 14, 2018, it is recognized that the money was transferred from the Plaintiff’s corporate bank, LB bank account to Defendant B, C, D law firm, M, N corporation, andO to the Plaintiff’s account, but even according to the result of the response to the order to submit each of the above financial transaction information, it is recognized that Defendant C and D deposited money to the Plaintiff’s respective accounts, and there is no evidence to acknowledge that the Defendants voluntarily withdrawn money from the Plaintiff’s respective accounts and used it during the new construction of the building of this case.