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(영문) 대구지방법원 2016.12.22 2015가합204605

손해배상(기)

Text

1. The Plaintiff:

(a) Defendant B: 1,745,500,000;

B. Defendant C is jointly with Defendant B and the above.

80.0 Of the money stated in paragraph 80.

Reasons

1. Basic facts

A. The Plaintiff Company is a company running real estate leasing and parking lot business for F Horse Horse. Defendant B is a person who actually runs the Plaintiff Company, Defendant C is a representative director under the name of the Plaintiff Company, who is in charge of overall management and management of the Plaintiff Company under the direction of Defendant B, Defendant D and E as of May 14, 2013.

B. On May 14, 2013, the Plaintiff Company borrowed a total of KRW 3,499,710,000 (hereinafter “instant loan”) in the name of the Plaintiff Company as collateral for the building and site owned by the Plaintiff Company from Drown Mutual Savings Bank Kimcheon (hereinafter “Drup Bank”).

Of the above money, 3,139,805,00 won was divided into Plaintiff Company G account (hereinafter “instant account”) of the said bank, and the remaining 359,905,000 won was deposited into Plaintiff Company H (hereinafter “instant account”) of the said bank.

C. Of the above loans deposited in each account in the name of the Plaintiff Company, KRW 1.82 billion was deposited in the Daegu Bank account of the Plaintiff Company on the same day, and KRW 1.8 billion was deposited in the agricultural bank account of the Plaintiff Company as the representative director of the Plaintiff Company, and KRW 617.5 million was deposited in the said account on June 19, 2013, among the money remaining in the Plaintiff Company’s Red Bank account.

Defendant B had the right to instruct the use of the said money deposited in the Plaintiff Company and K’s account, and the Defendant C et al. used the said money at will as indicated in the list of crimes below (hereinafter “instant list of crimes”).

Before May 14, 2013, the detailed embezzlement details of the temporary deposit amount in the order of list Nos. 1 of crime No. 1, 2013 were deposited into the defendant D's account, etc. from May 15, 2013 to May 16, 201.