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(영문) 서울중앙지방법원 2016.05.12 2015가합525037

손해배상(기)

Text

1. The Defendant’s year from October 30, 2013 to May 12, 2016 to KRW 82,616,438 and KRW 55 million among the Plaintiff.

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff is a self-managed real estate investment company established pursuant to the Real Estate Investment Company Act for the purpose of investing and operating company assets in real estate development business, etc. and distributing profits to its shareholders, and the Defendant is the representative director of the Plaintiff.

B. The Plaintiff’s promotion of the apartment development project and the Defendant’s breach of trust 1) The Plaintiff is running the development project of the land A (3,399 square meters), B (4,985 square meters), and C (3,399 square meters), which is the land for the Yeongdeungpo-gu Seoul Metropolitan Government C Apartment, and around November 25, 2011, D (hereinafter “D”).

(2) On September 2012, the Plaintiff first concluded a design service contract with respect to the land for a new urban-type residential housing (multi-family housing) with a service cost of KRW 272 million as to the land for A and C, and entered into a new design service contract with the Plaintiff at KRW 398 million as to the land for the first beneficial-type architect office and B. The Plaintiff terminated the design service contract on the ground of the design error of the beneficial-type architect office, around September 2012. The Defendant manages the Plaintiff’s corporate funds at the time, and saved a new design company. The Defendant, upon the decision of the board of directors, paid the EM service cost of KRW 400,000,000 to the designer company for personal use, and returned the difference of KRW 398,000,000,000,000,000,000 won to KRW 20,000,000,000 won to the previous land.

3. The defendant shall have D through the board of directors as above.