손해배상
1. The judgment of the first instance court, including an expansion in the trial and an additional claim by the plaintiff, shall be modified as follows:
1. Basic facts
A. Defendant B was the representative director of the Plaintiff Company (F of the Plaintiff Company G on October 11, 2007, and the Plaintiff Company on March 30, 2009) from March 2005 to October 2006, and Defendant C was the director of the Plaintiff Company and the major shareholder at that time.
Defendant C transferred the Plaintiff Company’s shares and management rights to Defendant D on October 2006, and Defendant D transferred them to Defendant E on November 20, 2006, and Defendant E again transferred them to H and I on June 30, 2007.
B. Defendant B and C’s use of the Plaintiff Company’s funds 1) around 2005, Defendant B and C intended to raise the Company’s funds by raising funds from the Plaintiff Company due to the financial crisis of the Plaintiff Company, and agreed to guarantee the J’s profit equivalent to the above capital increase and the interest accrued therefrom. (ii) On November 2005, when the capital increase raised from J was deposited into the Plaintiff Company, Defendant B and C withdrawn KRW 980 million from the Plaintiff Company’s funds in the form of a payment by the representative director, and paid to the J under an agreement for compensation for losses.
(hereinafter “K”) also Defendant B and C withdraw KRW 5 billion from the Plaintiff Company’s funds in the form of provisional payment by the representative director on December 7, 2005, and Defendant C actually operated by Defendant C (hereinafter “K”).
(1) paid to the Company (hereinafter referred to as “5 billion won embezzlement”).
(4) Defendant B was sentenced to imprisonment of 2 years and 6 months with prison labor and 3 years of suspended execution on October 12, 2012, on the ground that the act of arbitrarily withdrawing and using KRW 5.98 billion in total of the Plaintiff Company’s funds constitutes embezzlement against the Plaintiff Company. The judgment became final and conclusive.
C. Defendant C agreed to acquire the management rights of the Defendants and 6 million won of shares issued by M and Plaintiff Company on July 7, 2006.