손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. In the first instance court, the Plaintiff claimed for the payment of KRW 59,621,41, which remains after the repayment of KRW 70,034,175 from the total amount of KRW 267,520,000 for damages related to the receipt of breach of trust and the amount of KRW 380,520,00 for the embezzlement-related damages, and the amount of KRW 647,520,00 for the delayed payment of KRW 70,034,175 for the remainder of 59,621,41. The first instance court accepted the claim for damages related to the receipt of breach of trust and dismissed the claim for
Since only the defendant has lodged an appeal against the lost part, the scope of the judgment of this court is limited to the claim for damages related to embezzlement.
2. Facts of recognition;
A. The co-defendant C of the first instance trial (hereinafter “E”) from March 24, 2006 to March 30, 2009
As an auditor, from March 30, 2009 to May 16, 201, E was respectively listed as a director, and from July 1, 2008 to November 30, 2009, A Co., Ltd. (hereinafter “A”).
work as the head of the fund headquarters of Ulsan-gu, Seoul-gu, U.S. F. Project for the Construction of New Complex (hereinafter referred to as “U. Ulsan-gu Project”).
G limited liability companies and H limited liability companies, and the Nam-gu Incheon Metropolitan City I new construction project (hereinafter referred to as “In thousand I project”) for the special purpose of the project.
(B) J-LLC, Duba and Mababae Development Project (hereinafter referred to as “Duba Development Project”) which is a special purpose corporation for the purpose of the project;
(2) The Defendant, a company, was established on July 18, 2006 and dissolved on July 1, 2008, and the company’s trade name was changed to N Co., Ltd. on November 20, 2008; hereinafter “O”) as an employee of K limited liability company and L limited liability company.
3. A and E are construction enterprises using the same office and sharing most of their employees.