손해배상(기)
1. The Defendants jointly share KRW 734,904,00 with respect to the Plaintiff and the period from July 22, 2017 to April 25, 2018.
1. Basic facts
A. The Plaintiff (formerly: E) and the Defendant B (hereinafter “Defendant B”) are companies engaged in the manufacturing of ready-mixed and asphalt.
Defendant C was appointed as the representative director of the Plaintiff on March 11, 2011, and resigned on May 24, 2017, and Defendant D was appointed as the representative director of Defendant B on March 26, 2008 and is working as the representative director until now.
B. Three ready-mixed companies, such as the Plaintiff, Defendant B, and F Co., Ltd. (hereinafter “G”), were practically owned by H prior to the sale to a third party of the Plaintiff on December 8, 2016.
C. Although there was a separate legal entity divided into three types, on the other hand, there was an integrated organizational system and approval system, and there was a position given at the three level, apart from the position held in each company.
At the third level of ready-mixed, I, the representative director of G, Defendant D, and Defendant C were in the location of the general director and the factory.
In addition, personnel movement has frequently occurred between the three companies of ready-mixed, and it was decided at three companies of ready-mixed, such as change of workplace, change of assignment, promotion, increase of salary, and adjustment of annual salary.
H owned all 30,00 shares issued by the Plaintiff. On December 8, 2016, J and K Co., Ltd. (hereinafter “J”) and K Co., Ltd. (hereinafter “J”) sold all of the shares to the two companies at KRW 22 billion.
E. The relationship in which J et al. paid only KRW 21 billion out of the purchase price 2.2 billion and delayed the payment of the remaining KRW 1 billion, and H continued to operate the Plaintiff after December 28, 2016, which is the remainder payment date. In the process, Defendant B et al., controlled by H, extended the Plaintiff with KRW 3.6 billion.
(f) J. J.